Bayer Healthcare Llc v. Msn Laboratories Private Limited

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 660/2022 & I.A. 15574/2022 BAYER HEALTHCARE LLC .....Plaintiff Through:

Mr. Dhruv Anand, Ms. Udita Patro and Mr.

Dhananjay Khanna, Advocates.

versus MSN LABORATORIES PRIVATE LIMITED .....Defendant Through:

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 17.09.2025 I.A. 23198/2025 and CS(COMM) 660/2022 1.

This is an Application filed under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 jointly moved by the Parties.

2.

The learned Counsel for the Parties submit that during the pendency of the present Suit, the Suit Patent IN 240207 expired on 22.07.2024. 3.

In view thereof, the Parties have arrived at an amicable Settlement on the following Terms:

"i.

Defendant confirms that it did not commercially manufacture, sell or launch any Regorafenib product prior to the expiry of the suit patent, IN 240207, which expired on 22.07.2024. ii.

On the basis of the above statement of Defendant, Plaintiff is agreeable to the suit being disposed without prejudice to the respective rights and contentions of both Parties. 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 20/09/2025 at 12:32:44

iii.

Plaintiff acknowledges that it is not pressing for any damages or costs of proceedings against Defendant.

iv.

Both parties agree that the disposal of the suit is not an admission or statement by either party regarding the invalidity or otherwise of IN 240207. Defendant further confirms and agrees that it will not, directly or indirectly, assist any third party in any way in invalidating IN 240207 or seek to argue invalidity of IN 240207 itself.

v.

Both parties agree to bear their own costs of the proceedings. vi.

The undertakings given herein shall also be binding on all affiliates, legal heirs, representatives and assigns-in-business of the Parties."

4.

In view of the above, the Suit is decreed in terms of the Settlement Terms arrived at between the Parties. The Parties shall be bound by the Settlement Terms as recorded hereinabove.

5.

Let the Decree Sheet be drawn accordingly.

6.

Consequently, the Suit stands disposed of in the above terms. All the pending Application(s), if any, also stand disposed of. TEJAS KARIA, J SEPTEMBER 17, 2025 ap 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 20/09/2025 at 12:32:44