Short Summary
The plaintiffs, Astrazeneca AB & Anr., filed a suit (CS(COMM) 411/2020) before the Delhi High Court seeking a permanent injunction restraining infringement of Indian Patent Nos. IN 205147 and IN 235625 against Alkem Laboratories Limited. During the pendency of the suit, the parties amicably settled their disputes and entered into a confidential Settlement Agreement. The court allowed the joint application under Order XXIII Rule 3 read with Section 151 CPC, disposed of the suit in terms of the settlement, and directed the Settlement Agreement to form part of the decree.
Detailed Summary
The suit, CS(COMM) 411/2020, was instituted by Astrazeneca AB & Anr. (the plaintiffs) against Alkem Laboratories Limited (the defendant) before the Delhi High Court, seeking a permanent injunction restraining infringement of Indian Patent Nos. IN 205147 and IN 235625. During the pendency of the proceedings, the parties amicably resolved their disputes and entered into a Settlement Agreement, the terms of which were confidential in nature but effective and binding between them. Pursuant to this agreement, the parties agreed to discharge each other from any and all claims, counterclaims, demands, costs, damages, and causes of action arising from the subject matter of the suit. The defendant further agreed to withdraw its claim of invalidity of the suit patents, which had been raised in its written statement, and to waive and not press for the costs of Rs. 5,00,000/- that had been imposed in its favour in FAO(OS)(COMM) No. 140/2020 on 20.07.2021.
The parties jointly filed an application under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure seeking recording of the settlement. The court, presided over by Justice Jyoti Singh, allowed the application and recorded the settlement between the parties. The suit was disposed of along with all pending applications in terms of the settlement. The court directed the registry to draw up the decree sheet, with the Settlement Agreement forming part of the decree and its terms binding on the parties, including the defendant's agreement to withdraw its invalidity claim and not press for the previously awarded costs. The plaintiffs were held entitled to a refund of the entire court fees in accordance with the Court Fees Act, 1870. The next date of 14.10.2026 before the learned Joint Registrar was cancelled.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Delhi High Court - Orders. Understanding the court's reasoning in AstraZeneca AB & Anr. vs Alkem Laboratories Limited is valuable context for structuring arguments or assessing risk in similar proceedings.
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