Pharmacyclics, Llc & ANR. v. Sun Pharmaceuticals Industries Ltd.

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 19/2020, IA No.507/2020(u/O.XXXIX R.1&2 CPC) PHARMACYCLICS, LLC & ANR.

..... Plaintiffs Through:

Mr. Pravin Anand, Mr. Dhruv Anand, Ms. Udita M. Patro & Ms. Kavya Mammen, Advs.

versus SUN PHARMACEUTICALS INDUSTRIES LTD. ..... Defendant Through:

Mr. Sachin Gupta with Mr. Pratyush Rao & Ms. Rajnandini Mahajan, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 07.02.2020 IA No.1697/2020(u/O.XXIII R.3 CPC) in CS(COMM) 19/2020 1.

IA No.1697/2020 under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 is filed by the plaintiffs and the sole defendant. 2.

The counsel for the plaintiffs and the counsel for the defendant support the same and state that the application is signed by the respective parties/their representatives and accompanied by their affidavits and also signed by them.

3.

I have perused the compromise arrived at, as set out in IA No. 1697/2020, and find the same to be lawful.

4.

A decree is passed, in favour of the plaintiffs and against the defendant, (i) in terms of the statement of the defendant in paragraph 2 of IA No.1697/2020; (ii) in terms of order dated 16th January, 2020; and (iii) injuncting the defendant from commercially dealing in an Ibrutinib product or any product which infringes IN'968, during the lifetime of the said patent, CS(COMM) 19/2020

in any manner whatsoever.

5.

The parties are left to bear their own costs. 6.

Decree sheet be drawn up.

7.

A certificate entitling the plaintiffs to refund of 50% of the court fees paid be issued and handed over to the counsel for the plaintiffs. RAJIV SAHAI ENDLAW, J FEBRUARY 07, 2020 'ak'..

CS(COMM) 19/2020