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C. HARI SHANKAR
Bristol Myers Squibb Holdings Ireland Unlimited Company – Appellant
Versus
Angle Bio Pharma – Respondent
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 undertake
Settlement agreements in patent infringement cases can lead to the decree of the suit and entitlement to a refund of court fees.
Settlement terms enforceable under CP Code, where defendant acknowledges patent validity and agrees to refrain from infringing activities.
The acknowledgment of patent validity and early settlement entitles the plaintiff to a full refund of court fees under CPC Order XXIII Rule 3.
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 main legal point established in the judgment is the exclusive rights of the patent holder to prevent infringement under Section 48 of the Patents Act.
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.
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