Delhi High Court - Orders
Xx vs Yy on 26 September, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1049/2025 & I.A. 24445-24455/2025
XX .....Plaintiffs
Through: Mr. Mamta Jha, Mr. Siddhant
Sharma, Mr. Abhay Tandon and Mr.
Shreyansh Gupta, Advs.
versus
YY .....Defendant
Through: None
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 26.09.2025 I.A. 24447/2025 (seeking exemption from service to the defendant)
1. The present application has been filed under Section 151 of the Code of Civil Procedure, 1908 ['CPC'], on behalf of the Plaintiffs seeking exemption from service to the Defendant
2. In view of the fact that the Plaintiffs have sought an ex parte ad- interim injunction along with the appointment of a Local Commissioner, the exemption from effecting service upon the Defendant at this stage is granted.
3. Accordingly, the application stands disposed of.
CS(COMM) 1049/2025 Page 1 of 15This 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 17/10/2025 at 21:55:30 I.A. 24448/2025 (application under Section 12A of the Commercial Courts Act, 2015 read with Section 151 of the Code of Civil Procedure Code, 1908)
4. This is an application under Section 12A of the Commercial Courts Act, 2015 read with Section 151 CPC, filed by the Plaintiffs seeking exemption from instituting pre-litigation mediation.
5. Having regard to the facts that the present suit contemplates urgent interim relief and in light of the judgement of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi1, exemption from the requirement of pre- institution mediation is granted to the Plaintiffs.
6. Accordingly, the application stands disposed of. I.A. 24449/2025 (under Order XI Rules 2 and 5 of the CPC)
7. This is an application filed on behalf of the Plaintiffs under Order XI Rules 2 and 5 of the CPC, 1908 (as amended by the Commercial Courts Act, 2015) read with Rule 17 of the Delhi High Court Intellectual Property Rights Division Rules, 2022 and Section 151 of the CPC, 1908 seeking discovery by interrogatories and production of documents.
8. Issue notice to the Defendant through all modes.
9. Let the notice indicate that the reply be filed within four (4) weeks.
10. Rejoinder, if any, be filed within four (4) weeks thereafter. I.A. 24450/2025 (seeking leave to file additional documents)
11. This is an application seeking leave to file additional documents under Order XI Rule 1(4) of CPC read with Section 151 CPC, within thirty (30) days.
12. The Plaintiffs, if they wish to file additional documents, will file the same within thirty (30) days from today, and it shall do so strictly as per the CS(COMM) 1049/2025 Page 2 of 15 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 17/10/2025 at 21:55:30 provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018 ['DHC Rules'].
13. For the reasons stated in the application, the same is allowed.
14. Accordingly, the application is disposed of. I.A. 24451/2025 (seeking exemption from affixing company seal of the Plaintiffs in the pleadings and vakalatnamas in the present suit)
15. This application under Section 151 of CPC has been filed by the plaintiffs for seeking exemption from affixing company seal of the Plaintiffs in the pleadings and vakalatnamas in the present suit.
16. Exemption is granted, subject to just exceptions.
17. This application is disposed of.
I.A. 24452/2025 (for filing electronic records in a compact disk)
18. This is an application filed the Plaintiffs to place on record a Compact Disk (CD) containing electronic records mentioned in paragraph 7 of the application.
19. The Plaintiffs are directed to file the CD/pen-drive in accordance with the Rule 24 of the Delhi High Court (Original Side) Rules, 2018.
20. Registry may receive electronic record on CD so long as it is encrypted with a hash value or in any other non-editable format. The video recording contained in CD be placed in the electronic record of the present suit in a format which is non-editable, so that the same can be viewed by the court during hearing.
21. With the aforesaid directions, this application stands disposed of.
1(2024) 5 SCC 815 CS(COMM) 1049/2025 Page 3 of 15 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 17/10/2025 at 21:55:30 I.A. 24453/2025 (for exemption)
22. This application under Section 151 of the CPC has been filed by the plaintiffs seeking exemption from filing certain documents which may be found to be dim, photocopy, or not of appropriate font size or lacking the prescribed margins.
23. The clearer/certified/appropriate font/correct margin, true typed copies of the documents be filed within four (4) weeks.
24. Accordingly, the application stands disposed of. I.A. 24454/2025 (seeking liberty/exemption from dividing the documents in part-IV in volumes)
25. This is an application filed by the Plaintiffs seeking exemption from dividing the Part-IV file into multiple volumes.
26. The plaintiffs are directed to divide the Part-IV file into multiple volumes within four (4) weeks.
27. With the aforesaid directions, this application is disposed of. I.A. 24455/2025 (to mask the identities of the parties)
28. This is an application filed by the plaintiffs to seek permission to mask the identities of the parties, till the filing of the report of the local commissioner.
29. For the reasons stated in this application, the application is allowed. CS(COMM) 1049/2025
30. The present suit has been filed on behalf of the Plaintiffs seeking relief of permanent injunction restraining the defendant from infringing the Indian Patent bearing No.269841 titled 'Heteroaryl Substituted Pyrrolo[2,2- B] Pyridines and Pyrrolo [2,3-B] Pyrimidines as Janus Kinase Inhibitors' CS(COMM) 1049/2025 Page 4 of 15 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 17/10/2025 at 21:55:30 ("Suit Patent"), along with other ancillary reliefs.
31. Let the plaint be registered as a suit.
32. Summons be issued to the Defendant by all permissible modes on filing of process fee. Affidavit of service be filed within two (2) weeks.
33. The summons shall indicate that the written statement must be filed within thirty (30) days from the date of receipt of the summons. The Defendant shall also file affidavit of admission/denial of the documents filed by the Plaintiffs, failing which the written statement shall not be taken on record.
34. The Plaintiffs are at liberty to file replication thereto within thirty (30) days after filing of the written statement. The replication shall be accompanied by affidavit of admission/denial in respect of the documents filed by Defendant, failing which the replication shall not be taken on record.
35. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
36. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
37. List before the learned Joint Registrar (J) on 24.11.2025.
38. List before Court on 30.03.2026.
I.A. 24445/2025 (application under Order XXXIX, Rules 1 & 2 read with Section 151 of the Code of Civil Procedure, 1908 on behalf of the plaintiff seeking interim injunction against the defendant)
39. Ms. Mamta R. Jha, learned Counsel for the Plaintiffs sets the Plaintiffs' case as under:
CS(COMM) 1049/2025 Page 5 of 15This 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 17/10/2025 at 21:55:30 39.1 Plaintiff No. l is the owner of the Suit Patent. Plaintiff No. 2 is the exclusive licensee of the Suit Patent. Plaintiff No. 3 has been granted approval to market and import JAKAVI@ (Ruxolitinib tablets) by the Drug Controller General of India.
39.2 The Suit Patent protects the novel and inventive compound 'Ruxolitinib'. In particular, Claims No. 1, 17 and 21 of the Suit Patent cover and claim the patented compound 'Ruxolitinib', pharmaceutically acceptable salt, and composition thereof respectively. This drug is used in the treatment of intermediate or high-risk Myelofibrosis, a type of Myeloproliferative disorder that affects the bone marrow, and for Polycythemia Vera (PV) when there has been an inadequate response to or intolerance of Hydroxyurea. It works by blocking a group of enzymes known as Janus Kinases ("JAKs"), which are involved in the production and growth of blood cells. The details of the Suit Patent are produced hereunder:
Indian Patent No. 269841
Indian Patent Application No. 2365/KOLNP/2008
Priority details dates US60/749905 (13.12.2005), US60/810231
(02.06.2006), US60/850625 (10.10.2006),
US60/856872 (03.11.2006), US60/859404
(16.11.2006)
PCT Application no. PCT/US2006/047369
International Filing date 12.12.2006
International Publication No. WO/2007/070514
Filing date of National phase 12.06.2008
Application
Publication under Section 11A 23.01.2009
Request for examination 03.12.2009
Pre-grant representation filed under 12.11.2012
Section 25(1) r/w Rule 55(1)
CS(COMM) 1049/2025 Page 6 of 15
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 17/10/2025 at 21:55:30 First Examination Report (FER) 23.12.2013 Notice of opposition under Rule 55(3) 03.01.2014 Reply Statement and evidence filed by 04.04.2014 the Applicant under Rule 55(4) Reply to FER 30.06.2014 Hearing before the Controller of 29.09.2015 Patents Controller's decision on the pre-grant 30.10.2015 opposition Date of grant 10.11.2015 Post grant publication 13.11.2015 Date of expiry of suit patent 12.12.2026 39.3 The Pre-Grant Opposition to the suit patent was withdrawn and there has been no Post-Grant Opposition or Rectification filed by any interested person.
39.4 The drug 'Ruxolitinib' is a new chemical entity, and has been given an International Non-Proprietary Name ("INN"), which is a name designated by the World Health Organisation which are given to new Active Pharmaceutical Ingredients ("APIs") to provide a unique name per pharmaceutical drug to help avoid the confusion that can be caused by the number of different ways in which an API can be chemically named based on their chemical structure. The invented compound Ruxolitinib is marketed and sold in India and other countries (except the United States of America) under the brand name "JAKAVI®", which is a prescription drug containing Ruxolitinib as its phosphate salt. Further, the sales figures pertaining to the drug "JAKAVI®" have also been extracted in Paragraph No. 38 of the Plaint.
CS(COMM) 1049/2025 Page 7 of 15This 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 17/10/2025 at 21:55:30 SALES FIGURES IN INDIA SINCE 2015 YEAR JAKAVI® (in INR Crores) 2015 40.9 2016 58.1 2017 77.7 2018 97.7 2019 111.4 2020 133.9 2021 159.5 2022 156.1 2023 74.15 2024 91.05 2025 (Q2) 48.12 39.5 Plaintiff No. l spends USD 10 billion globally on Research and Development. Further, the Plaintiffs have made a huge investment in inventing the compound covered by the Suit Patent and disclosed the invention publicly in good faith and pursuant to a statutory protection conferred upon them against anybody else using the said invention during the patent period.
Facts pertaining to the Defendant 39.6 While conducting periodic market surveys for due diligence, it came to the knowledge of the Plaintiffs in the second week of September 2025 that the Defendant has been listed as a supplier for Ruxolitinib/Ruxolitinib Phosphate ("Impugned Drug") on a third-party website, i.e., 'www.pharmacompass.com'.
CS(COMM) 1049/2025 Page 8 of 15This 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 17/10/2025 at 21:55:30 39.7 Upon conducting further due diligence, the Plaintiffs found that the Defendant has even listed Ruxolitinib/ Ruxolitinib Phosphate API as an anti- cancer drug in its 2025 Product List and has even filed a Patent Application bearing No. 202321015470 pertaining to "Process for Preparation of Chiral Ruxolitinib and Salts Thereof" indicating that the Defendant has huge interest in the patented compound.
39.8 Upon learning that the Defendant is listed as a supplier for Ruxolitinib/Ruxolitinib Phosphate, the Plaintiffs engaged an independent research agency, Strategic Analysis India Pvt. Ltd. ("SAI"), to investigate the matter. As per the SAI Investigation Report dated 19.09.2025, the Defendant has developed Ruxolitinib/Ruxolitinib Phosphate API at its API facility based in Tarapur, Maharashtra. The investigation report dated 19.09.2025 further confirmed that the Defendant intends to commence commercial manufacture and export/supply of Ruxolitinib API upon obtaining the requisite manufacturing and/or export license from the Food and Drug Administration (FDA) of Maharashtra State. 39.9 The investigation report dated 19.09.2025 further confirmed that the Defendant is targeting commercial-scale process validation of its Ruxolitinib API and approval of its European Drug Master File (EDMF) by the end of 2025, to export/supply Ruxolitinib to European drug manufacturers and plans to target markets in Southeast Asia, Europe, US, and China once it receives commercial manufacturing license.
39.10 The Defendant has a huge interest in the patented compound and has business activities confirming that the commercial supply and launch of the patented compound is in the pipeline. The imminent threat of launch is ex- facie evident from the fact that the Defendant is listed as supplier for CS(COMM) 1049/2025 Page 9 of 15 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 17/10/2025 at 21:55:30 Ruxolitinib/ Ruxolitinib Phosphate on Pharmacompass and it has listed Ruxolitinib/ Ruxolitinib Phosphate API as an anti-cancer drug in its Product List 2025, as further corroborated by the findings in the Investigation Report dated 19.09.2025.
39.11 Claims No. 1,17 and 21 of the Suit Patent cover and claim the drug Ruxolitinib, pharmaceutically acceptable salt, and composition thereof respectively, the Defendant does not have any right whatsoever to embark upon the production of Drugs using the Ruxolitinib compound. Thus, manufacture and supply for use of the Drugs with the Ruxolitinib compound by the Defendant would infringe Plaintiff No. I's exclusive rights under Section 48 of the Patents Act, 1970.
39.12 It is stated that Plaintiffs have filed suit for preventing infringement of the suit patent before this Court and has been granted ad-interim injunctions. It is stated that since the suit patent is about to expire there is huge interest by competitors to develop the drug to enable launch; however no third party can commence commercial manufacturing until the suit patent expires on 12.12.2026.
40. This Court has heard the learned counsel for the plaintiff and perused the record.
41. Having considered the submissions advanced by the learned Counsel for the Plaintiffs, the pleadings and the documents on record, a prima facie case has been made out on behalf of the Plaintiffs. Balance of convenience is in favour of the Plaintiffs and against the Defendant. Irreparable injury would be caused to the Plaintiffs if the Defendant commercially launches the Impugned Drug in the Indian Market.
42. Accordingly, the Plaintiff have made out a prima facie case for grant CS(COMM) 1049/2025 Page 10 of 15 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 17/10/2025 at 21:55:30 of an ad-interim ex parte injunction. Consequently, till the next date of hearing, the Defendant, its directors, group companies or sister concerns, associates, divisions, licensees, franchisees, agents, distributors and dealers are restrained from any activities of using, manufacturing, stockpiling, exporting, offering for sale and/or supplying, directly or indirectly, beyond that is permissible under Section 107A of the Patents Act, 1970, the pharmaceutical drug product containing the compound Ruxolitinib and/ or Ruxolitinib API, along with any other form or compound or formulation which would amount to infringement of the Suit Patent bearing No. IN 269841.
43. Issue notice to the Defendant through all permissible modes.
44. Let the notice indicate that the reply to the present Application be filed within four (4) weeks.
45. Rejoinder thereto, if any, be filed four (4) weeks thereafter.
46. In view of the fact that the Plaintiffs have sought appointment of a Local Commissioner to seize the infringing and counterfeit product and packaging, the very purpose of grant of ex-parte ad interim injunction would be defeated if the Defendant is given notices contemplated in Order XXXIX Rule 3 of CPC prior to the execution of the commission. Hence, it is directed that the Plaintiffs shall serve notice under Order XXXIX Rule 3 of CPC at the time of execution of the Local Commission which shall not be later than two (2) weeks from today.
47. List before the learned Joint Registrar (J) on 24.11.2025.
48. List before Court on 30.03.2026.
I.A. 24446/2025 (Appointment of Local Commissioner)
49. The present Application has been filed by the Plaintiffs under Order CS(COMM) 1049/2025 Page 11 of 15 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 17/10/2025 at 21:55:30 XXVI Rule 9 read with Order XXXIX Rule 7 and Section 151 of the CPC, seeking appointment of Local Commissioner.
50. The Court has considered the merits of the Plaintiffs' case and has granted an ad-interim ex parte injunction as recorded above in I.A. 24445/2025 under Order XXXIX Rule I & 2 of the CPC. Accordingly, in order to ensure that the injunction is fully complied with, it is deemed appropriate to appoint the Local Commissioner to visit the Defendant's premises at the following address:
Sr. Particulars Name of the Local
No. Commissioner
1. 2nd Floor, 204, Udyog Kshetra, Ms. Samapika Biswal,
Mulund - Goregaon, Link Rd, Advocate
Mulund (W), Mumbai E. No. Mah/514/2015
Maharashtra, 400080 M. No. 9406951592
2. Plot No.-K-17/18/19, MIDC, Mr. Aman Sinha
Tarapur, Taluka & District - D/14219/2022
Palghar, Maharashtra, India - Patent Agent: IN/PA-5266
401506 9911304514
[email protected]
51. The mandate of the Local Commissioners is as under:
i. The Local Commissioner shall conduct a search at the Defendant's premises to inspect and seize any Impugned Drug or Drug Products (including unfinished/ semi-finished Drugs), i.e. the Drugs containing the compound Ruxolitinib and/or Ruxolitinib Phosphate API in any form which may be found at the premises of the Defendant.
ii. The Local Commissioner is permitted to seize the Impugned Drugs at the above premises and if knowledge is acquired of any other premises where the pharmaceutical drug product could be stored, the Local Commissioner is free to record the same and then visit the other premises and conduct a seizure there as well;
iii. The Local Commissioner shall make an inventory of all the CS(COMM) 1049/2025 Page 12 of 15 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 17/10/2025 at 21:55:30 Impugned Drugs or Drug Products (including unfinished/ semi- finished goods) containing the compound Ruxolitinib and/or Ruxolitinib Phosphate API in any form available at the aforesaid premises.
iv. The Local Commissioner shall also obtain the details as to since when Impugned Drug are being used, manufactured, exported, and being offered for sale/ supply.
v. After preparation of the inventory, the Impugned Drug or Drug Products shall be released to the Defendant on superdari. The monetary value of the stock shall also be ascertained;
vi. The Defendant and its representatives are directed to provide full assistance to the Local Commissioner for executing the present commission.
vii. The Local Commissioner is also permitted to break open the locks, with police help, if access to the premises where the Impugned Drugs or Drug Products containing the compound Ruxolitinib and/or Ruxolitinib Phosphate API have been stocked / manufactured, is denied to the Commissioner;
viii. Upon being requested, the concerned Commissioner of Police/ Superintendent of Police for Mumbai and district Palghar in Maharashtra shall render necessary cooperation for execution of the Commission, as per this order;
ix. The Local Commissioner is permitted to take photographs and video graphs of the proceedings of the Commission, if it is deemed appropriate. Two representatives of the Plaintiffs, which would include a lawyer, are permitted to accompany the Local Commissioner;
x. The Local Commissioner shall obtain accounts including ledgers, stock registers, invoice books, receipt books, cash books, purchase and sale records and any other books of record or commercial transactions kept at the premises of the Defendant, and take photocopy and / or record of all such transactions that pertain to the Impugned Drugs seized, if any. The Defendant CS(COMM) 1049/2025 Page 13 of 15 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 17/10/2025 at 21:55:30 shall cooperate and give passwords to the computers and the files containing the accounts, if the same is stored on the computer or a specific software;
xi. The Local Commissioner shall take a sample of the Impugned Drugs or Drug Products containing the compound Ruxolitinib and/or Ruxolitinib Phosphate API, which may be lying or stocked or stored for sale in the above-mentioned premises for submitting before this Court along with the report.
xii. The Local Commissioner, while executing the Commission, shall ensure that there is no disruption to the business of the Defendant, except for the purposes of the execution of the Commission. The Commission shall be executed in a peaceful manner.
52. The order passed today shall be communicated by the Local Commissioner to the Defendant. Copy of the order and complete paper book shall be served by the Local Commissioner upon the Defendant at the time of execution of the Commission.
53. The fees of the Local Commissioner is fixed at 2,50,000/- (Rupees Two Lakhs fifty thousand only) excluding out of pocket expenses, travel, lodging etc. All the aforesaid expenses shall be borne by the Plaintiffs and paid in advance to the Local Commissioner named hereinabove.
54. The Commission shall be executed within two (2) weeks and the report of the Local Commissioner shall be filed within a period of two weeks thereafter.
55. A copy of this Order be provided to the Local Commissioner.
56. The order passed today, shall not be uploaded for a period of two (2) weeks for enabling the execution of the commission.
57. Either, the learned counsel for the Plaintiffs or the learned Local Commissioner is directed to collect certified copy of this order from the CS(COMM) 1049/2025 Page 14 of 15 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 17/10/2025 at 21:55:30 Registry (Dispatch Branch) before for execution of the Commission.
58. The learned Local Commissioner shall carry the certified copy of this Order for execution of the Commission and a copy of the same shall be served upon the Defendant by the learned Local Commissioner at the time of the execution of the Commission.
59. Copy of this order to be given dasti under the signatures of the Court Master.
MANMEET PRITAM SINGH ARORA, J SEPTEMBER 26, 2025/msh CS(COMM) 1049/2025 Page 15 of 15 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 17/10/2025 at 21:55:30