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C. HARI SHANKAR
Merck Sharp And Dohme Corp – Appellant
Versus
Neptune Life Sciences Pvt. Ltd. – Respondent
JUDGMENT (Oral)
1. The plaintiff, by this suit, alleged infringement, by the defendants, of Indian Patent No. 209816, whereunder the drug Sitagliptin was patented in favour of the plaintiff. The life of the suit patent expired on 5 July 2022. The plaintiff alleged, in the plaint, that Defendant 1 was manufacturing and Defendant 2 was distributing, pharmaceutical generic versions of Sitagliptin, without obtaining a license from the plaintiff, under trade name "HAPPY JAAN M". The plaint has also provided, in para 42, a photograph of a strip of HAPPY JAAN M, which is a combination of Sitagliptin Phosphate and Metformin Hydrochloride. The strip is shown to be manufactured by Defendant 1 Neptune Life Sciences Pvt. Ltd. and distributed by Defendant 2 Happy Drugs. It is also seen that the strip is from the Batch bearing Batch No. TN - 6084, manufactured in March 2021 with expiry February 2023. As such, it is apparent from the strip in question that a product containing Sitagliptin was indeed manufactured by Defendant 1 and marketed/distributed by Defendant 2, during the time the suit patent was still alive and subsisting.
2. Consequent on issuance of summons, Defendant 2 has consistentl
Infringement of a patent and liability for damages after the expiration of the patent term
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.
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 agreements in patent infringement cases can lead to the decree of the suit and entitlement to a refund of court fees.
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