Settlement agreements in patent infringement cases can lead to the decree of the suit and entitlement to a refund of court fees.

JUDGMENT (Oral)

1. The disputes between the plaintiffs and all the defendants stand settled. The plaintiffs and the defendants are represented by their respective learned Counsel. The terms of the settlement are as under:

The Settlement Agreement dated 21st February 2023 with Defendant 1:

"1. The Defendant No. 1 acknowledges the validity of the Plaintiff No. 1's patent, IN 247381 during its term which expired on September 17, 2022.

2. The Defendant No. 1 confirms that till date, they never manufactured, sold or exported `Apixaban' and they have further discontinued using, promoting, distributing, offering for sale, or otherwise dealing in `Apixaban' and/or any of its pharmaceutically acceptable salts in any form (API or finished formulation under any the brand name whatsoever).

3. The Defendant No. 1, neither sold any unit of Apixaban to any third party, nor made/earned any profit(s) out of the sale of Apixaban, in any form till date. The undertakings given above by the Defendant No. 1 shall be binding henceforth on the Defendant No. 1, their associates, representatives, successors, partners, agents, employees, affiliates and assignees-in-business.

4. That the Defendant No. 1 undertakes and submits an undertaking to the effect that during the term of the suit patent, the Defendant No. 1 did not launch any infringing products. The affidavit of Mr. Mehul Kumar Varma, proprietor of Defendant No. 1 is annexed as Annexure-E.

5. Subject to Defendant No. 1's undertakings in Clauses 2, 3 and 4 of this Settlement Agreement, the Plaintiffs agree to forego prayers at para 90 (b), (d), 90(e) and 90(f) for any damages, rendition of accounts and costs from the Defendant No. 1.

6. The present suit may be decreed in terms of the prayers in the suit, except to the extent stated in Para 5 hereinabove, and aforesaid terms and the Plaintiffs are entitled to seek Ml refund of the court fees paid by it under Section 16 of the Court Fees Act, 1870.

7. That case of any breach of the terms of settlement, the Plaintiffs reserve their right to seek any remedies available to them in law and equity including a right to revive the suit and claim damages against the Defendant No. 1.

8. The Parties agree that they have executed the present Settlement Agreement of their own free will and volition, without any force or pressure from any person. The Parties also agree that they have understood the contents of the present Settlement Agreement as the same have been explained to them by the Mediator and their respective counsel, in the presence of each other and they have consented to the same in its true letter and spirit, and as such they shall not dispute the same ever in future.

9. The Parties agree that they shall abide by the terms and conditions set out in the present Settlement Agreement and shall not dispute the same hereinafter in future either themselves or through any third parties. The Parties further agree that the statements made by them herein in this Settlement Agreement shall be taken as their respective undertakings before the Hon'ble Court.

10. The Parties hereto state that they have no further claims or demands against each other and all the disputes and differences in respect of the subject matter of the present suit have been amicably settled by the Parties hereto through the process of mediation.

11. The Parties undertake to present themselves before the Hon'ble Court during the hearing, either physically, or virtually confirming the terms of the Settlement Agreement."

The Settlement Agreement dated 6th May 2023 with Defendant 2:

"1. The Defendant No. 2 acknowledges the validity of the Plaintiff No.1's patent, IN 247381 during its term, which expired on September 17, 2022.

2. The Defendant No. 2 confirms that subsequent to filing of the present proceedings, they have taken-down and blocked the infringing listing https://www.indiamart.eom/proddetail/apixaban- api12706450655.html available on its platform www.indiamart.com, related to `Apixaban' in any for