BRISTOL-MYERS SQUIBB HOLDINGS IRELAND UNLIMITED COMPANY & ORS. vs ALKEM LABORATORIES LIMITED
$~10 to 13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 687/2019, CC(COMM) 9/2020 & I.A. 17693/2019
BRISTOL-MYERS SQUIBB HOLDINGS IRELAND UNLIMITED COMPANY & ORS. ….. Plaintiffs
Through: Ms. Prachi Agarwal and Ms. Ridhie Bajaj, Advs.
versus
TORRENT PHARMACEUTICALS LIMITED
….. Defendant
Through: Mr. Tahir A.J., Ms. Garima Joshi and Ms. Saakshi Khandelwal, Advs.
+ CS(COMM) 708/2019, CC(COMM) 20/2021 & I.A. 18047/2019
BRISTOL-MYERS SQUIBB HOLDINGS IRELAND UNLIMITED COMPANY & ORS. ….. Plaintiffs
Through: Ms. Prachi Agarwal and Ms. Ridhie Bajaj, Advs.
versus
ALKEM LABORATORIES LIMITED ….. Defendant
Through: Ms. Bitika Sharma, Ms. Vrinda Pathak, Mr. George Vithayathil and Ms. Manjunathan PS, Advs.
+ CS(COMM) 504/2021, I.A. 13284/2021 & I.A. 15402/2022
BRISTOL MYERS SQUIBB HOLDINGS IRELAND UNLIMITED COMPANY & ORS. ….. Plaintiffs
Through: Ms. Prachi Agarwal and Ms. Ridhie Bajaj, Advs.
versus
CONSERN PHARMA LIMITED & ORS. ….. Defendants
Through: Mr. Ayush Sharma and Mr. Ashish Sharma, Advs. for D-1
+ CS(COMM) 180/2022 & I.A. 12682/2023
BRISTOL MYERS SQUIBB HOLDINGS IRELAND UNLIMITED COMPANY & ORS. ….. Plaintiffs
Through: Ms. Prachi Agarwal and Ms. Ridhie Bajaj, Advs.
versus
JIGS CHEMICAL LIMITED & ANR. ….. Defendants
Through: Mr. Naman Joshi, Ms. Ritika Vohra and Mr. Anirudh Singh, Advs. for Indiamart
CORAM:
HON’BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (O R A L)
% 05.10.2023
CS(COMM) 687/2019 & CC(COMM) 9/2020
1. The dispute in this case stands settled with the intervention of the Delhi High Court Mediation and Conciliation Centre. The settlement agreement dated 17 July 2023 is on record.
2. The terms of settlement read thus:
1. The Defendant undertakes without prejudice to its rights and contentions:
a. That it confirms that it did not distribute, sell, offer for sale, export, for any commercial purposes, within the territory of India, ‘Apixaban’ in any form (API or finished formulation) or any of its pharmaceutically acceptable salts under any brand name whatsoever including but not limited to APIXATOR during the term of the patent IN 247381 which expired on September 17, 2022.
b. That it shall withdraw the Counter Claim filed in the suit bearing number CC(COMM) No. 9 of 2020 filed before the Hon’ble Court and agrees to not challenge the validity of the suit patent IN 247381 in India.
2. That without prejudice to the Defendant’s rights and contentions, in lieu of the Defendant’s undertakings in sub-clause 1 (a) and (b) above, Plaintiffs agree to not pursue the reliefs of delivery up, damages and costs, in accordance with the prayers stated in paragraphs 58(b), (c) and (d) of the Plaint or initiate any other legal action for such reliefs for the Defendant’s product containing Apixaban in any form. Further, since the term of the suit patent has expired, the Plaintiffs will also not pursue the relief regarding permanent injunction stated in paragraphs 58(a) of the Plaint.
3. That in case of any breach of the terms of settlement, the Plaintiffs and the Defendant reserve their right to seek any remedies available to them in law and equity including a right to revive the suit and claim damages against the other Party.
4. The Parties agree that they shall abide by the terms and conditions set out in the present Settlement Agreement and shall not dispute the same hereinafter in future either themselves or through any third parties. The Parties further agree that the statements made by them herein in this Settlement Agreement shall be taken as their respective undertakings to the Hon’ble Court.
5. The Plaintiffs are entitled to seek full refund of the court fees paid by it under Section 16 of the Court Fees Act, 1870 from the Hon’ble Court.
6. In view of the settlement arrived at, the Plaintiffs and Defendant agree to bear their own attorney fees, court costs, expenses and any other related costs and expenses that they have incurred in connection with the present matter.
7. The parties hereby agree and acknowledge that the parties to the present Settlement Agreement have read, understood and agreed upon the terms and conditions of this Settlement Agreement and the same has been entered into by them voluntarily.
8. The parties hereby agree and acknowledge that the present Settlement Agreement has been signed and executed by the respective authorized representatives of the Plaintiffs and the Defendant and the terms agreed herein shall be binding henceforth on all the parties to the settlement, their legal heirs, representatives and assignees in business, interest and title.
9. The Parties hereto state that they have no farther claims or demands against each other, and all the disputes and differences have been amicably settled by the Parties hereto through the process of mediation.
10. The Parties undertake to present themselves before the Hon’ble Court during the hearing confirming the terms of the Settlement Agreement.
3. The parties are represented by learned Counsel who undertake on behalf of their respective clients to abide by the terms of settlement.
4. The Court has perused the terms of settlement and find them to be lawful and in order.
5. As such, no further dispute remains for adjudication in the present suit. The suit stands decreed in terms of the aforesaid settlement agreement dated 17 July 2023.
6. Let a decree sheet be drawn up accordingly.
7. The plaintiff shall be entitled to refund of Court fees, if any, deposited by it.
CS(COMM) 708/2019
8. It is submitted that this dispute stands settled vide settlement agreement dated 8 February 2023, drawn up under the aegis of the Delhi High Court Mediation and Conciliation Centre. The settlement agreement is not on record. The mediation centre is requested to positively place the settlement agreement on record before the next date of hearing.
9. Re-notify on 31 October 2023.
CS(COMM) 504/2021
10. The dispute in this case stands settled with the intervention of the Delhi High Court Mediation and Conciliation Centre. The settlement agreement dated 16 May 2023 is on record.
11. The terms of settlement read thus:
A. The Defendant Parties, acknowledge the rights of the Plaintiff Parties under the patent IN 247381, till its expiry on 17.09.2022.
B. The Fourth Party has stipulated that it had manufactured a very small quantity of the product before the expiry of the patent and has destroyed the remaining stock from that period (infringing product), it further agrees and undertakes to destroy any infringing product, if it is still held / found in its stock.
C. The Fifth Party agrees and undertakes that subsequent to filing of the present suit, they have taken-down and blocked the infringing listing-https://www.indiamart.com/proddetail/apisern-2-5-apixaban-tablets-2-5-mg-23569720791.html available on its platform www.indiamart.com, related to ‘Apixaban’ in any form (API or a finished formulation under any brand name whatsoever) in compliance with the orders passed by this Hon’ble Court in the present suit vide injunction order dated 08.10.2021 and in Bristol Myers Squibb Holdings Ireland Unlimited Company & Ors. v. Angle Bio Pharma & Ors. bearing number CS(Comm) No. 178 of 2022 dated 23.03.2022, read with order dated 28.04.2022, which is verified and agreed by the Plaintiff Parties.
D. The Plaintiff Parties agree to forego their claims/ prayers for costs and damages and the relief claimed against the Fifth Party in paragraph 79 clause (c) of the prayer mentioned in the plaint, in view of the aforesaid stipulations and undertakings of the Defendant Parties.
E. The Defendant Parties agree that CS (COMM) 504/2021 may be decreed in terms of the prayers in the suit and the aforesaid terms and that the Plaintiff Parties may seek refund of the court fees paid under Section 16 of the Court Fees Act, 1870.
F. The agreements and undertakings given above by the Plaintiff Parties and the Defendant Parties shall be binding henceforth on them, their associates, representatives, successors, partners, employees, affiliates and assignees-in-business.
12. The parties are represented by learned Counsel who undertake on behalf of their respective clients to abide by the terms of settlement.
13. The Court has perused the terms of settlement and find them to be lawful and in order.
14. As such, no further dispute remains for adjudication in the present suit. The suit stands decreed in terms of the aforesaid settlement agreement dated 16 May 2023.
15. Let a decree sheet be drawn up accordingly.
16. The plaintiff shall be entitled to refund of Court fees, if any, deposited by it.
IA 12682/2023 [under Section 151] in CS(COMM) 180/2022
17. There is no appearance on behalf of the defendant/applicant in the present matter.
18. Re-notify on 31 October 2023.
C.HARI SHANKAR, J
OCTOBER 5, 2023
ar
CS(COMM) 687/2019 and other connected matters Page 1 of 1