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C. HARI SHANKAR
Merck Sharp And Dohme Corp. – Appellant
Versus
Solitaire Pharmacia Private Limited – 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 4th March 2023 has been placed on record.
2. The terms of settlement read thus:
(a) The Parties have agreed that the Commercial Suit for Patent Infringement, being C.S.(Comm) No. 270 of 2021, shall be decreed by the Hon'ble High Court of Delhi, in favour of the Plaintiffs therein and against the Defendant therein, in terms of the present settlement agreement.
(b) The Plaintiff No. 1 i.e. Merck Sharp & Dohme Corporation has recently undergone a corporate restructuring wherein it has merged with another Merck subsidiary, Merck Sharp & Dohme LLC, and the surviving corporation is Merck Sharp & Dohme LLC. The certificate of merger dated April 07, 2022 along with the application for change of title dated June 29, 2022 before the Patent Office has been filed along with the Patent application.
(c) The Second Party acknowledges the right of the First Party to use the Suit Patent IN" 816 as per law in dealing in products containing Sitagliptin or any of its pharmaceutically acceptable salts, including as Sitagliptin Phosp
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.
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.
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
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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