$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 477/2022 BOEHRINGER INGELHEIM INTERNATIONAL GMBH .....Plaintiff Through: Ms. Prakriti Varshney, Advocate.

versus MR X TRADING AS MESSRS AMAR MEDICAL STORE & ORS.

.....Defendants Through: Mr. Amit Upadhyay, Mr. Akash Gupta, Mr. Vivek Kumar, Mr. Vikrant Bhaker, Advocates for D-5, 6 and 7.

CORAM:

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 09.02.2026 I.A. 3501/2026, I.A. 3502/2026 & I.A. 3503/2026 (u/O XXIII Rule 3 joint application on behalf of plaintiff and defendant nos. 5, 6 and 7 respectively)

1. These are applications under Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure, 1908 jointly filed on behalf of the plaintiff and defendant nos. 5, 6, and 7 individually.

2. Learned counsel for the parties submit that the inter-se disputes have been resolved amicably and terms of thereof have been reduced into writing and are enumerated under para 5 onwards in I.A. 3501/2026 as also para 8 of I.A. 3502/2026 and I.A. 3503/2026.

3. This Court has perused the applications as also the terms of Settlement, for the purpose of convenience, para 5 of I.A. 3501/2026, para 8 of I.A.

3502/2026 and para 8 of I.A. 3503/2026 are reproduced hereunder:

“I.A. 3501/2026

5. During the pendency of the present suit, the Defendant No. 5 has approached the Plaintiff for an amicable settlement. Accordingly, the Plaintiff and the Defendant No. 5 (which shall include proprietors, directors, sister concerns, sellers, retailers, subsequent dealers, employees (during course of employment), agents, affiliates, subsidiaries, franchisees, licensees, representatives, and assigns (with the exception of those who are defendants in the proceedings themselves) have arrived at a settlement on the terms and conditions set out below:

A. The Defendant No; 5 acknowledges the Plaintiff to be the exclusive owner and lawful proprietor of the trade marks JARDIANCE, JARDIANCE MET, TRAJENTA DUO GLYXAMBI formative marks as well as its trade dress/packaging as given in Paragraphs 15, 18and 21 of the Plaint. The Defendant No.5 also acknowledges the Plaintiff to be the exclusive owner and lawful proprietor of the copyrights in the artistic works in the Plaintiff packaging and logos

Defendant No.5 further undertakes to this Hon'ble Court that the Defendant No.5 shall not challenge the aforesaid trade marks and copyrights of the Plaintiff, either directly or indirectly, at any time in the future, before any Hon'ble Court, Tribunal and/or Statutory Body, on any ground(s) whatsoever.

B. The Defendant No.5 further acknowledges the intellectual property rights, fame and reputation of the Plaintiff in its earlier trade marks JARDIANCE, JARDIANCE MET, TRAJENTA DUO, GLYXAMBI formative marks and trade dress/packaging associated with the Plaintiff's products. The Defendant No.5 undertakes to this Hon'ble Court never to challenge the Plaintiff's rights at any time in the future, on any ground whatsoever;

C. The Defendant No.5 affirms that the Defendant No.5 has never manufactured and will refrain from manufacturing/ procuring/selling any counterfeit products under the trade marks JARDIANCE, JARDIANCE MET, TRAJENTA DUO, GLYXAMBI,

undertakes that it shall refrain from / procuring/ sale of any counterfeit products under the said marks;

D. The Defendant No.5 undertakes to this Hon'ble Court that the Defendant No.5 has not reproduced, printed, published or imitated material form the labels/ packaging as mentioned in Paragraph Nos. 15, 18,21 and 24 of the Plaint, the copyrights of which vest with the Plaintiff, and affirms that he will refrain from doing such acts in future which would amount to infringement of the Plaintiff s copyrights in the said works;

E. The Defendant No.5 affirms that the Defendant No.5 has recalled all finished and/or unfinished counterfeit products, marketing, promotional and advertising materials that bear or incorporate, or have reference to the earlier trade marks including, but not limited to, JARDIAN