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Delhi High Court Halts Aurore Life Sciences From Using Ruxolitinib Amid Ongoing Patent Suit
The has issued an ad interim against , effectively barring the company from manufacturing, importing, or selling products containing the compound Ruxolitinib. The order, passed by Justice Jyoti Singh, provides critical protection to the patent holders, and its affiliates, who claim their were being violated by the defendant’s unauthorized commercial activities.
Protecting Pharmaceutical Innovation
The dispute centers on Indian Patent No. 269841 (IN'841), which covers Ruxolitinib—a potent inhibitor of Janus kinases (JAK) used primarily in the treatment of myelofibrosis, a debilitating form of bone marrow cancer. The patent is a key asset for the plaintiffs, who have dedicated significant resources to developing the drug marketed under the brand name JAKAVI .
The plaintiffs’ legal team brought the issue to the court’s attention after discovering that Aurore Life Sciences had listed the patented compound as one of its "Scale-up APIs" on its corporate website. Furthermore, investigations revealed that the defendant had secured a manufacturing license from the , and was actively soliciting market interest through third-party commercial platforms.
Legal Arguments and Standing
Representing the plaintiffs, counsel argued that the defendant's actions directly infringed upon their exclusive rights granted under . They contended that because IN'841 is a valid, subsisting patent, the defendant's attempt to manufacture and distribute generic versions of the drug would result in significant, irreparable financial and commercial loss to the rightful patent holders.
The court granted the plaintiffs an exemption from , citing the urgency of the matter and aligning with established precedents like and .
Key Observations
During the proceedings, the court emphasized the necessity of protecting the valid interests of the patent holders:
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" lies in favour of the Plaintiffs as they have a valid patent, the term of which is yet to expire and Defendant is yet to commercially launch its product."
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" shall be caused to the Plaintiffs, if the relief sought is not granted at this stage."
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"Plaintiffs have a valid patent and thus a to its exclusive use under ."
The Court’s Decision
Justice Singh’s order places an immediate halt on all dealings related to the drug in question. The defendant is strictly prohibited from using, manufacturing, stockpiling, importing, or exporting pharmaceutical products containing the compound Ruxolitinib, either independently or in combination with other formulations.
This will remain in force until the next date of hearing, scheduled for . The court has also directed the defendant to file a within 30 days of receiving the summons, ensuring the legal process moves swiftly to resolve the underlying claims of . The decision serves as a significant affirmation of patent protection for life-saving medicinal entities within the Indian court system.
