Bayer Healthcare Llc Vs Msn Laboratories Private Limited — Delhi HC (2025) — LawSathi Research

Bayer Healthcare Llc Vs Msn Laboratories Private Limited — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suit decreed in terms of the Settlement Terms arrived at between the Parties; Decree Sheet to be drawn accordingly; all pending applications disposed of.

Issue for consideration

Whether the suit should be decreed and disposed of in terms of the amicable settlement arrived at between the parties after the expiry of the suit patent IN 240207.

Court's answer

The Suit is decreed in terms of the Settlement Terms arrived at between the Parties, and the Parties shall be bound by the Settlement Terms as recorded in the order.

Ratio / Principle

The Suit stands disposed of in the above terms, and all pending application(s), if any, also stand disposed of.

Detailed headnote1 paragraphs

Delhi High Court (Tejas Karia, J.), by order dated 17.09.2025, disposed of patent suit CS(COMM) 660/2022 (Bayer Healthcare LLC v. MSN Laboratories Private Limited) relating to Regorafenib suit patent IN 240207, which expired on 22.07.2024 during the pendency of the suit. On a joint application under Order XXIII Rule 3 read with Section 151 CPC, the court recorded six settlement terms: (i) Defendant confirmed it did not commercially manufacture, sell or launch any Regorafenib product prior to expiry of the suit patent; (ii) Plaintiff agreed to disposal without prejudice to the respective rights and contentions of both parties; (iii) Plaintiff acknowledged it is not pressing for any damages or costs of proceedings; (iv) the disposal is not an admission or statement by either party regarding invalidity or otherwise of IN 240207, and Defendant undertook not to directly or indirectly assist any third party in invalidating IN 240207 or argue its invalidity itself; (v) both parties agreed to bear their own costs; (vi) the undertakings bind all affiliates, legal heirs, representatives and assigns-in-business of the parties. The Suit was decreed in terms of the settlement, the Decree Sheet was directed to be drawn, and all pending applications were disposed of.

$~43

IN THE HIGH COURT OF DELHI AT NEW DELHI

CS(COMM) 660/2022 & I.A. 15574/2022 BAYER HEALTHCARE LLC .....Plaintiff Through: Mr. Dhruv Anand, Ms. Udita Patro and Mr. Dhananjay Khanna, Advocates.

versus

MSN LABORATORIES PRIVATE LIMITED .....Defendant Through:

CORAM: HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R % 17.09.2025

I.A. 23198/2025 and CS(COMM) 660/2022

This is an Application filed under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 jointly moved by the Parties.

The learned Counsel for the Parties submit that during the pendency of the present Suit, the Suit Patent IN 240207 expired on 22.07.2024.

In view thereof, the Parties have arrived at an amicable Settlement on the following Terms:

“ i. Defendant confirms that it did not commercially manufacture, sell or launch any Regorafenib product prior to the expiry of the suit patent, IN 240207, which expired on 22.07.2024.

ii. On the basis of the above statement of Defendant, Plaintiff is agreeable to the suit being disposed without prejudice to the respective rights and contentions of both Parties.

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 20/09/2025 at 12:32:44

iii. Plaintiff acknowledges that it is not pressing for any damages or costs of proceedings against Defendant.

iv. Both parties agree that the disposal of the suit is not an admission or statement by either party regarding the invalidity or otherwise of IN 240207. Defendant further confirms and agrees that it will not, directly or indirectly, assist any third party in any way in invalidating IN 240207 or seek to argue invalidity of IN 240207 itself.

v. Both parties agree to bear their own costs of the proceedings.

vi. The undertakings given herein shall also be binding on all affiliates, legal heirs, representatives and assigns-in-business of the Parties. ”

In view of the above, the Suit is decreed in terms of the Settlement Terms arrived at between the Parties. The Parties shall be bound by the Settlement Terms as recorded hereinabove.

Let the Decree Sheet be drawn accordingly.

Consequently, the Suit stands disposed of in the above terms. All the pending Application(s), if any, also stand disposed of.

TEJAS KARIA, J

SEPTEMBER 17, 2025 ap

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 20/09/2025 at 12:32:44