AKUMS DRUGS PHARMACEUTICALS LTD v. THE CONTROLLER OF PATENTS & ANR.
C.O.(COMM.IPD-PAT)/2/2022 · 2026-09-28
Purushaindra Kumar Kaurav
body2026
DailyLaw.ai
[ 2026 DAILYLAW 19965 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19965 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~O-13 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010537572022 + C.O.(COMM.IPD-PAT) 2/2022, I.A. 13057/2022 and I.A. 27134/2026 AKUMS DRUGS PHARMACEUTICALS LTD .....Petitioner Through: Mr. Rahul Bhujbal, Advocate. versus THE CONTROLLER OF PATENTS & ANR. .....Respondents Through: Mr. Vijay Joshi, CGSC for UOI. Ms. Vaishali Mittal, Mr. Siddhant Chamola and Mr. Shivang Sharma, Advocates for R-2.
CORAM:
HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R %
28.09.2026
1. The parties submit that they have settled the matter and they have also filed the joint application i.e. I.A. 27134/2026 under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC) read with Section 151 of the CPC seeking disposing of the petition in terms of the settlement. The terms of the settlement have been set out in paragraph no. 4 of the application which are extracted as under:
“4. In accordance with the terms of the Settlement Agreement mentioned 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 30/09/2026 at 11:10:41
under paragraph 7, reproduced below for ease of reference, the Parties seek disposal of the proceedings pending before this Hon'ble Court a. The First Party represents and confirms that it launched its Dapagliflozin product, after the expiry of Indian Patent No. IN'205147 on 02.10.2020. In reliance upon the aforesaid representation, the Second Party agrees and undertakes that it shall not, at any time in the future, assert or enforce any rights or initiate any legal action in respect of Indian Patent Nos. IN'205147 and IN'235625 against the First Party or its subsidiaries, authorised dealers and agents, customers including for the purpose of claiming damages or any other relief in relation to any alleged past infringement. This understanding is conditional upon and subject to the accuracy of the aforesaid representation by the First Party. b. The First Party agrees to withdraw its revocation petition being C.O. (COMM IPD-PAT) No. 2 of 2022, without thereby admitting the validity of subject patent IN'235625 or IN'205147, with no liberty to institute fresh proceedings on the same cause of action. C. Neither Party shall be entitled to raise or maintain any claim for damages, costs, compensation, or any other monetary or non- monetary relief of whatsoever nature arising out of or in connection with C.O. (COMM IPD-PAT) No. 2 of 2022 or in relation to IN'205147 and IN'235625. Each Party waives their claims against the other Party and agrees that this Settlement Agreement constitutes a full and final settlement of all disputes forming part of the subject matter of C.O. (COMM IPD-PAT) No. 2 of 2022.”
2.
The parties shall remain bound by the aforesaid terms of the settlement. 3. Accordingly, the petition, along with pending applications, stands
disposed of in terms of the settlement arrived at between the parties.
PURUSHAINDRA KUMAR KAURAV, J SEPTEMBER 28, 2026 aks 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 30/09/2026 at 11:10:41