Novartis Ag & ORS v. Biocon Limited

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 891/2014 NOVARTIS AG & ORS ..... Plaintiffs Through Mr.Hemant Singh, Ms.Mamta Jha, Dr.Shilpa Arora and Mr. Ankit Arvind, Advocates.

versus BIOCON LIMITED ..... Defendant Through Mr.G.Nataraj and Ms.Ansha Varma, Advocates.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 08.05.2017 CS(OS) 891/2014 The parties failed to arrive at a settlement before the learned Mediator.

Learned counsel for the defendant under instructions from his client submits that he is willing to suffer a decree and order granted by this Court on 28.3.2014 may be made absolute. Order dated 28.3.2014 passed on the interim application (under Order 39 Rules 1 and 2 CPC) of the plaintiff directing the defendants not to manufacture, import, sale, offer for sale, export directly or indirectly the pharmaceutical product, subject matter of the present patent except for the acts exempted under Section 107(A) of the Patents Act, 1971 is made absolute. In terms of the aforenoted

statement given by the defendant, the plaintiff does not press claim for damages.

Suit is decreed in terms of para 52 (a) of the plaint. Decree sheet be drawn up.

Suit dispose of.

I.A.No.5760/2014 & I.A.No.24761/2014, I.A.No.24765/2014 Since suit has been disposed of.

These applications have become infructuous. Disposed of accordingly.

INDERMEET KAUR, J MAY 08, 2017 ndn