Merck Sharp And Dohme Corp & Anr vs Actis Generics Pvt Ltd on 23 March, 2022

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Delhi High Court - Orders

Merck Sharp And Dohme Corp & Anr vs Actis Generics Pvt Ltd on 23 March, 2022

Bench: Prathiba M. Singh

                                                           Signature Not Verified
                                                           Digitally Signed
                                                           By:DEVANSHU JOSHI
                                                           Signing Date:25.03.2022
                                                           07:53:14


$~5
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+                CS(COMM) 106/2021 & I.A. 3458/2021
      MERCK SHARP AND DOHME CORP & ANR.            ..... Plaintiffs
                   Through: Ms. Tusha Malhotra Ms. Yamini
                            Jaswal, Advocate. (M:9878096700)
                   versus

      ACTIS GENERICS PVT LTD                                       ..... Defendant
                     Through: None.
      CORAM:
      JUSTICE PRATHIBA M. SINGH
               ORDER

% 23.03.2022

1. This hearing has been done through hybrid mode.

2. The present suit relates to Indian Patent No. 209816 (hereinafter, "suit patent") titled "Beta-Amino Heterocyclic Dipeptidyl Peptidase Inhibitors For The Treatment Or Prevention Of Diabetes". The pharmaceutical preparation, in the present case, is 'Sitagliptin'.

3. Parties have amicably resolved their disputes, and a settlement agreement has been arrived at between the parties.

4. The Defendant has acknowledged the validity of the suit patent. The term of the patent is due to expire on 5th July, 2022. An undertaking has also been given to the effect that during the term of the patent, the Defendant would restrain from manufacturing, selling, or offering for sale any product which would infringe the suit patent. The terms of the settlement are contained in paragraph 2(i) to (viii) of the settlement agreement dated 15th March, 2022. The same has been placed on record.

Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:25.03.2022 07:53:14

5. This Court has perused the settlement agreement dated 15th March, 2022. The terms of the settlement are lawful. There is no impediment in recording the settlement. Parties and all others acting for or on their behalf shall be bound by the terms of the settlement.

6. The present suit is decreed in terms of the settlement agreement dated 15th March, 2022. Decree sheet be drawn accordingly.

7. In the facts and circumstances of this case, 50% of the court fee is refunded to the Plaintiffs.

8. All pending applications are also disposed of.

PRATHIBA M. SINGH, J.

MARCH 23, 2022 dj/ad

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Delhi High Court - Orders