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DELHI HIGH COURT
C.HARI SHANKAR
H. Lundbeck A/S – Appellant
Versus
Symed Labs Limited – Respondent
| Table of Content |
|---|
| 1. settlement terms regarding the patent. (Para 2 , 3) |
| 2. court's approval of settlement validity. (Para 4 , 5 , 10 , 11) |
| 3. entitlement for court fees refund. (Para 7 , 8) |
| 4. lawful agreement terms under order xxiii rule 3. (Para 9 , 12) |
(Video-Conferencing)
I.A.7369/2021 (exemption)
1. Exemption allowed subject to all just exceptions.
2. The application is disposed of.
I.A.7368/2021 (under Order XXIII Rule 3 of the CPC)
3. This is a joint application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC), for decreeing of the suit in terms of the settlement arrived at between the parties. The terms of settlement have been set out in para 2 of the application which is, for ready reference, reproduced thus:
"2. That the Parties have amicably resolved the present dispute regarding the Indian Patent No. 227963 filed against the Defendant, on the basis of the following terms: -
i. The Defendant acknowledges the validity of the Indian Patent No. 227963 during its subsistence.
ii. The Defendant undertakes that it will not be commercially launching any product, including but not limited to Vortioxetine and/or Vortioxetine Hydrobromide violating
The acknowledgment of patent validity and early settlement entitles the plaintiff to a full refund of court fees under CPC Order XXIII Rule 3.
Enforcement of settlement terms under Order XXIII Rule 3 of CPC and decreeing of the suit in terms of the settlement
Parties may settle disputes leading to a decree under Order XXIII, Rule 3 of the CPC, provided the terms are clear and binding.
Mutual settlement of disputes allows parties to withdraw claims under Order XXIII Rule 3, leading to court decreeing the suit based on agreed terms.
The court upheld the legality and validity of the Settlement Agreement, leading to the disposal of the suit.
The court's decision was influenced by the settlement agreement, which acknowledged the validity of the plaintiff's patent and the defendant's undertakings regarding the activities related to the pat....
Settlement terms enforceable under CP Code, where defendant acknowledges patent validity and agrees to refrain from infringing activities.
The court emphasized the importance of private settlement negotiations, allowing parties who reach such agreements to benefit from court fee refunds under Section 89 CPC.
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