Pharmacyclics Llc & ANR. v. Hetero Labs Limited & ORS.

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 76/2021 & CC (COMM) 8/2021, I.A. 2299/2021, 13391/2021 PHARMACYCLICS LLC & ANR.

.....Plaintiffs Through:

Mr. Pravin Anand, Advocate.

versus HETERO LABS LIMITED & ORS.

.....Defendants Through:

Mr. Tahir A.J., Advocate.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 17.03.2025 1.

This suit was preferred on behalf of the Plaintiffs seeking a decree of permanent injunction restraining the Defendants and their affiliates/ representatives etc. from making, using, selling, distributing, advertising, exporting, offering for sale, and in any other manner, directly or indirectly, dealing in any product particularly 'NITIB' which infringes the claimed subject matter of Plaintiffs' Indian Patent No. 262968 or any claims thereof, including IBRUTINIB and any forms thereof.

2.

Mr. Anand, learned counsel for the Plaintiffs submits that parties have amicably resolved and settled the disputes before the Delhi High Court Mediation and Conciliation Centre and pursuant thereto have executed a Settlement Agreement dated 25.02.2025. It is further stated that as per one of the terms of settlement, Defendants were to pay a sum of Rs.60 lacs to Plaintiff No. 2, exclusive of all taxes, as full and final settlement of the CS(COMM) 76/2021 Page 1 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/03/2025 at 14:33:05

claims of the Plaintiffs as regards damages and costs in the present proceedings within 10 business days of receipt of the invoice and that the said amount has been paid. In this light, it is urged that the suit be decreed in terms of the settlement.

3.

In light of the settlement arrived between the parties, terms of which are incorporated in the Settlement Agreement executed on 25.02.2025, the suit is decreed. Terms of settlement shall form part of the decree and shall bind the parties thereto.

4.

Registry is directed to draw up the decree in terms of the settlement. 5.

Since the matter has been settled, keeping in mind the spirit of Section 89 CPC and in terms of Section 16A of the Court Fees Act, 1870, Plaintiffs are entitled to refund of 50% of the Court fees deposited by them. 6.

Suit stands disposed of along with pending applications. JYOTI SINGH, J MARCH 17, 2025/shivam CS(COMM) 76/2021 Page 2 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/03/2025 at 14:33:05