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IN THE HIGH COURT OF DELHI
Jyoti Singh, J.
Vifor (International) Ltd. - Appellant
Versus
Hetero Healthcare Limited - Respondent
CS(COMM) 210 of 2022 & I.A. 5198-99 of 2022
Decided On : 02-11-2022
JUDGMENT
Jyoti Singh, J. (Oral)--On 29.08.2022, Mr. Ajay Sahni, learned counsel for the Defendants had stated that Defendants have neither launched the impugned product nor they intend to do so, till the expiry of the suit patent and are willing to suffer injunction to this effect and had sought time to take further instructions in the matter with regard to costs.
2. Learned counsel appearing on behalf of Plaintiffs, on instructions, submits that Plaintiffs are willing to give up their claim for damages but press for nominal cost. She candidly submits that cost may be paid by the Defendants for some good cause.
3. In view of the statement made by learned counsel for the Defendants today, on instructions, that they will not launch the impugned product till the expiry of the suit patent or its validity, whichever is earlier, the suit is decreed in terms of para 74(a) of the plaint, in favour of Plaintiffs and against the Defendants, with cost of Rs.1,00,000/- to be paid in favour of Delhi High Court Bar Clerks Association, within a period of two weeks from today, as agreed.
4. Plaintiffs are entitled to refund of the Court Fees deposited by them, in accordance with provisions of Section 16 of the Court Fees Act, 1870 read with Section 89 CPC, 1908.
5. Registry is directed to draw up the Decree Sheet.
6. Accordingly, suit is disposed of along with pending applications.
The court recognized the importance of mutual agreements in patent disputes, allowing for a settlement based on the concession of parties, focusing on nominal costs rather than damages.
The court's decision was based on the lack of evidence of infringement by the defendants before the expiry of the patent.
Mediation facilitated an amicable resolution, allowing for a decree based on a Settlement Agreement and a refund of court fees as established by prior judicial decisions.
The court awarded a permanent injunction to the plaintiff, citing potential harm to reputation from the defendant's disparaging comments, with Rs.2 lakhs awarded for costs.
Point of Law : Practice and Procedure - Refund of court fees - Suit is decreed in terms mentioned in Settlement Agreement through Delhi High Court Mediation and Conciliation Centre between parties. D....
The court highlighted the necessity of timely hearings on applications from parties unable to pay court fees, ensuring access to justice.
Settlement agreements reached through mediation are binding and enforceable, and parties are entitled to court fee refunds when disputes are amicably resolved.
A court may allow the withdrawal of a commercial suit with liberty to institute a fresh suit upon settlement of disputes via a global patent license agreement, while also granting a refund of court f....
The court upheld the Defendant's commitment to withdraw contested trademarks, ruling that nominal sales negate the need for damages, granting a decree in favor of the Plaintiffs.
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