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C. HARI SHANKAR
Merck Sharp And Dohme Corp. – Appellant
Versus
Neptune Life Sciences Pvt. Ltd. – Respondent
ORDER (Oral)
1. The dispute between the parties stand settled with the intervention of the Delhi High Court Mediation and Conciliation Centre. The settlement agreement dated 14th March 2023 has been placed on record.
2. The terms of settlement read thus:
"(i) The Defendant No. 1 further state that during the lifetime of IN 209816 which has expired on July 05, 2022, the Defendant No.1 has not indulged in any act of commercially making, using, offering for sale, selling or importing, exporting or otherwise using the subject matter of IN'816 in the manner it has been granted in the patent, which may include other salts etc. With respect to the Defendant No. 1's activities concerning the advertisements for Sitagliptin on its website, the Defendant No. 1 undertakes that in compliance of the interim injunction, had cancelled the licenses for the manufacture of the product Sitagliptin Phosphate & Metformin Hydrochloride immediately after receiving the intimation of the interim injunction dated April 16, 2021, passed against them and has ensured no further manufacturing and distribution of the same during the lifetime of IN 209816; Copy of letter dated 12.01.2023 is annexed herewith as An
The court's decision was influenced by the settlement agreement, which was found to be lawful and binding upon the parties, leading to the decree in favor of Defendant 1.
The court's decision was influenced by the lawfulness of the settlement agreement and its impact on the decree of the suit in favor of the plaintiffs.
Settlement terms enforceable under CP Code, where defendant acknowledges patent validity and agrees to refrain from infringing activities.
Infringement of a patent and liability for damages after the expiration of the patent term
The court upheld the legality and validity of the Settlement Agreement, leading to the disposal of the suit.
Settlement agreements in patent infringement cases can lead to the decree of the suit and entitlement to a refund of court fees.
The main legal point established in the judgment is the binding nature of a settlement agreement reached between parties, which can lead to the court decreeing the suit in terms of the settlement and....
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