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Incyte Holdings Corporation And Ors vs Msn Laboratories Private Limited on 31 May, 2024

Author: Sanjeev Narula

Bench: Sanjeev Narula

                                    $~12
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           CS(COMM) 509/2024, I.A. 31440/2024
                                                INCYTE HOLDINGS CORPORATION AND ORS                                                   ..... Plaintiffs
                                                                                      Through:                 Mr. Hemant Singh, Ms. Mamta Rani
                                                                                                               Jha, Mr. Siddhant Sharma, Mr. Abhay
                                                                                                               Tandon, Mr. Rishabh Paliwal and
                                                                                                               Ms. Garima Mehta, Advocates.

                                                                                      versus

                                                MSN LABORATORIES PRIVATE LIMITED                                                     ..... Defendant
                                                                                      Through:                 Mr. Tahir A.J., Advocate.

                                                CORAM:
                                                HON'BLE MR. JUSTICE SANJEEV NARULA
                                                            ORDER

% 31.05.2024 I.A. 31442/2024 (seeking leave to file additional documents)

1. This is an application seeking leave to file additional documents under the Commercial Courts Act, 2015.

2. If Plaintiffs wish to file additional documents at a later stage, they shall do so strictly as per the provisions of the said Act.

3. Accordingly, the application stands disposed of.

I.A. 31441/2024 (seeking exemption from pre-institution mediation)

4. As the present suit contemplates urgent interim relief, in light of the judgment of Supreme Court in Yamini Manohar v. T.K.D. Krithi,1 exemption from attempting pre-institution mediation is granted.

2023 SCC OnLine SC 1382.

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 04/06/2024 at 22:07:06

5. Disposed of.

I.A. 31443/2024 (seeking exemption from filing the pleadings in the present suit with the seal of the companies)

6. Exemption allowed, subject to just exceptions.

7. The application is disposed of.

I.A. 31444/2024 (for filing electronic record in a compact disk)

8. Plaintiff seeks the leave of the Court to place on record certain MS- Excel Sheets pertaining to information regarding the Defendant's alleged infringing activities, as electronic evidence. Rule 24 of Chapter XI of the Delhi High Court (Original Side) Rules, 2018 makes it clear that electronic records can be received in CD/DVD/Medium encrypted with a hash value. The said Rule is extracted below:

"24. Reception of electronic evidence -A party seeking to tender any electronic record shall do so in a CD/ DVD/ Medium, encrypted with a hash value, the details of which shall be disclosed in a separate memorandum, signed by the party in the form of an affidavit. This will be tendered along with the encrypted CD/ DVD/ Medium in the Registry. The electronic record in the encrypted CD/ DVD/ Medium will be uploaded on the server of the Court by the Computer Section and kept in an electronic folder which shall be labeled with the cause title, case number and the date of document uploaded on the server. Thereafter, the encrypted CD/ DVD/ Medium will be returned to the party on the condition that it shall be produced at the time of admission/denial of the documents and as and when directed by the Court/ Registrar. The memorandum disclosing the hash value shall be separately kept by the Registry on the file. The compliance with this rule will not be construed as dispensing with the compliance with any other law for the time being in force including Section 65B of the Indian Evidence Act, 1872."

9. Registry may receive electronic record on CD-ROM so long as it is encrypted with a hash value or in any other non-editable format. The MS- Excel Sheets contained in CD-ROM be placed in the electronic record of the CS(COMM) 509/2024 Page 2 of 4 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 04/06/2024 at 22:07:06 present suit in a format which is non-editable, so that the same can be viewed by the Court during hearing.

10. Application is disposed of.

CS(COMM) 509/2024

11. Let the plaint be registered as a suit.

12. Issue summons. Mr. Tahir A.J., counsel accepts summons on behalf of the Defendant. He confirms receipt of the suit paper-book and waives the right of formal service of summons. Written statement shall be filed by the Defendant within 30 days from today. Along with the written statement, the Defendant shall also file an affidavit of admission/denial of the documents of the Plaintiffs, without which the written statement shall not be taken on record.

13. Liberty is given to the Plaintiffs to file a replication within 15 days of the receipt of the written statement. Along with the replication, if any, filed by the Plaintiffs, an affidavit of admission/denial of documents of the Defendant, be filed by the Plaintiffs, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

14. List before the Joint Registrar for marking of exhibits on 5 th September, 2024. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

15. List before Court for framing of issues thereafter.

I.A. 31439/2024 (under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908) CS(COMM) 509/2024 Page 3 of 4 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 04/06/2024 at 22:07:07

16. Issue notice. Mr. Tahir A.J., counsel accepts notice on behalf of the Defendant. Reply, if any, be filed within four weeks from today. Rejoinder thereto, if any, be filed within two weeks thereafter.

17. At the outset, Mr. Tahir states that the Defendant has no intention of infringing the Plaintiff's suit patent bearing No. IN 269841. He further states that all the activities being undertaken by the Defendant are strictly covered under Section 107A of the Patents Act, 1970.

18. The aforenoted statement made by Mr. Tahir is taken on record and shall bind the Defendant. Nonetheless, let the Defendant file an affidavit confirming this statement. Along with the said affidavit, Defendant shall also produce relevant documents relating to their use of the patented compound 'Ruxolitinib' as well as the details of the supplies made by them. Copies thereof shall also be furnished to the counsel for Plaintiff.

19. Mr. Hemant Singh, counsel for Plaintiffs, states that he shall verify the documents produced by the Defendant, and in case the Plaintiff is satisfied with the same, the parties can apply to the Court to seek disposal of the suit.

20. List on 6th November, 2024.

SANJEEV NARULA, J MAY 31, 2024 nk CS(COMM) 509/2024 Page 4 of 4 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 04/06/2024 at 22:07:07