CS(COMM) 1308/2025 and connected matter p. 1 $~36 & 37 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010992602025 + CS(COMM) 1308/2025 & I.As. 30728/2025, 30733/2025 NOVO NORDISK A/S & ANR. .....Plaintiffs Through: Mr. Hemant Singh, Ms. Mamta Rani Jha, Mr. Rishabh Paliwal, Mr. Shreyansh Gupta and Mr. Om Ram, Advocates. versus SUN PHARMACEUTICAL INDUSTRIES LIMITED .....Defendant Through: Mr. Tahir A.J. and Ms. Aeshita Marwah, Advocates. 37 # CNR No. DLHC010996312025 + CS(COMM) 1321/2025 & I.As. 30908/2025, 30913/2025 & 17358/2026 NOVO NORDISK A/S & ANR. .....Plaintiffs Through: Mr. Hemant Singh, Ms. Mamta Rani Jha, Mr. Rishabh Paliwal, Mr. Shreyansh Gupta and Mr. Om Ram, Advocates. versus ALKEM LABORATORIES LIMITED .....Defendant Through: Ms. Sandhya Kukreti, Advocate. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 17.08.2026 CS(COMM) 1308/2025 1. This suit is instituted by the Plaintiffs inter alia for restraining the Defendant and all others acting on its behalf from infringing the Indian This is a digitally signed order. 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 24/08/2026 at 11:36:40 CS(COMM) 1308/2025 and connected matter p. 2 Patent No. 262697 (‘IN ‘697’) of Plaintiff No. 1. 2. Mr. Om Ram, learned counsel appearing for the Plaintiffs submits that the suit be disposed of since the patent IN‘697 has expired on 20.03.2026, without prejudice to the rights and contentions of the Plaintiffs pertaining to infringement of the patent by the Defendant and without accepting the defence of the Defendant taken in the written statement in opposition to the suit. 3. In light of the fact that IN‘697 has expired, the suit is disposed of. It is made clear that there is no expression on merits of the case as also that the disposal of the suit will not amount to accepting, either the claim of the Plaintiffs regarding alleged infringement of the patent by the Defendant or the defence of the Defendant in opposition to the suit. CS(COMM) 1321/2025 4. Mr. Om Ram, learned counsel appearing for Plaintiffs submits that albeit IN‘697 has expired but the suit cannot be disposed of at this stage since there is violation of the undertaking given by the Defendant on 11.12.2025 that it shall not sell the impugned drug in India until the expiry of the Suit Patent and will exercise an option to export the impugned drug to countries in which Plaintiffs have not been granted a patent, as yet. It is urged that Defendant must be put to serious proof that it is not manufacturing the impugned drug in India, else the Plaintiffs will be entitled to claim damages. 5. At this stage, learned counsels for the parties, on instructions and without prejudice to the rights and contentions in the suit, submit that parties are willing to explore the possibility of amicable settlement of the disputes and be referred for mediation. This is a digitally signed order. 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 24/08/2026 at 11:36:40 CS(COMM) 1308/2025 and connected matter p. 3 6. Accordingly, with the consent of the parties and without prejudice to their rights and contentions in the suit, they are referred for mediation before the Delhi High Court Mediation and Conciliation Centre, where they shall appear on 03.09.2026. 7. Copy of the order be sent to the learned Co-ordinator, Delhi High Court Mediation and Conciliation Centre for appointment of a Mediator. 8. List before Court on 14.12.2026. I.A. 30908/2025 (u/O XXXIX Rules 1 and 2 r/w Section 151 CPC), I.A. 30913/2025 (u/O XI Rules 2 and 5 of CPC seeking discovery by interrogatories, by Plaintiff No. 1) and I.A. 17358/2026 (for condonation of delay in filing replication, by Plaintiffs) in CS (COMM) 1321/2025 9. List on 14.12.2026. JYOTI SINGH, J AUGUST 17, 2026/AK This is a digitally signed order. 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 24/08/2026 at 11:36:40