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2025 Supreme(Online)(Del) 47138
IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmeet Pritam Singh Arora, J
XX – Appellant
Versus
YY – Respondent
CS(COMM) 1378/2025
Important Points
Subject
Intellectual Property - Patent Law
Act Referred
Commercial Courts Act, 2015: S.12A
Patents Act, 1970: S.48, S.107A
Right to Information Act, 2005
Headnote
(B) Practice and Procedure - Appointment of Local Commissioner - To ensure compliance with injunction, Local Commissioners appointed to visit defendants' premises, inspect and seize infringing products - Ex parte injunction granted to be served upon execution of local commission to prevent frustration of purpose. (Paras 39, 42-43)
Facts of the case:
The plaintiffs, owners and exclusive licensee of an Indian Patent, initiated an infringement suit alleging that the defendants, through subsidiary operations, intended to commercially manufacture, export, and supply a drug containing the patented compound ‘Ruxolitinib’. Investigations confirmed the defendants had obtained manufacturing approvals and listed the compound as a key product.
Findings of Court:
The court found a prima facie case of patent infringement and that the defendants' imminent launch threatened the plaintiffs' statutory monopoly rights under the Patents Act. Consequently, an ad-interim ex parte injunction was granted restraining the defendants from using, manufacturing, or selling the impugned product.
Issues: Whether an ad-interim ex parte injunction and appointment of Local Commissioners are warranted to prevent patent infringement based on evidence of imminent commercial launch by the defendants.
Ratio Decidendi: When a prima facie case of infringement is made out and the balance of convenience favors the patent holder, the court is empowered to grant ex parte interim measures to protect the patentee's statutory monopoly and prevent irreparable harm prior to trial.
Result: Application for ad-interim injunction granted.
For the Appellants/Petitioners: Mamta R. Jha, Abhay Tandon, Kirti
For the Respondents: None
| Table of Content |
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| 1. procedural compliance and exemptions regarding filings and pre-litigation mediation. (Para 1 , 2 , 3) |
O R D E R
% 19.12.2025
I.A. 32037/2025(for exemption)
1. This is an application filed on behalf of the Plaintiffs under Section
151 of the Code of Civil Procedure, 1908 [‘CPC’] seeking liberty/exemption
from filing clearer copies, certified copies and certain documents, which
may be found to be dim, photocopy or not of appropriate font size or lacking
the prescribed margins.
2. Subject to the Plaintiffs filingclearer copies, certified copies and
certain documents which may be found to be dim, photocopy or not of
appropriate font size or lacking the prescribed margins along with
supporting affidavit within a period of thirty [30] days from today,
exemption is granted for the present, failing which, the Plaintiffs will not be
entitled to rely upon these documents.
3. Accordingly, the application is disposed of.
CS(COMM) 1364/2025 Page 1 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 06/02/2026 at 13:28:27
I.A. 32040/2025 (for masking the identities of the parties)
4. This is an application filed under Section 151 CPC seeking
permission to mask the identities of the parties till the filing of the report of
the Local Commissioner.
5. The Plaintiffs apprehend the failure of the local commission if the
identity of the Defendant is revealed and has requested masking of identities
of parties, till the filing of the report of the Local Commissioner in
compliance with the Practice Direction No.139/Rules/DHC dated
27.05.2025.
6. Exemption is granted, subject to all just exceptions.
7. Accordingly, the application stands disposed of.
I.A. 32039/2025(for exemption)
8. This is an application filed on behalf of the Plaintiffs under Section
151 of CPC seeking liberty/exemption from dividing the documents in Part-
IV in multiple volumes.
9. For the reasons stated in the application, the application is allowed.
I.A. 32038/2025(for exemption)
10. This is an application filed on behalf of the Plaintiffs under Section
151 of CPC seeking exemption from affixing company seal of the Plaintiffs
in the pleadings and the vakalatnama in the present suit.
11. Ms. Mamta R. Jha, learned counsel for the Plaintiffs states that the
compliance will be done within a period of four (4) weeks. The time prayed
for is hereby granted, failing which the suit shall stand rejected for defective
institution.
12. The application is disposed of.
CS(COMM) 1364/2025 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 06/02/2026 at 13:28:27
I.A. 32036/2025(Under Order XI Rule 1(4) CPC)
13. This is an application under Order XI Rule 1(4) of CPCread with
Section 151 CPC, within thirty [30] days seeking leave to file additional
documents.
14. The Plaintiffs, if it wishes to file additional documents will file the
same within thirty [30] days from today, and it shall do so strictly as per the
provisions of the Commercial Courts Act, 2015 and the Delhi High Court
(Original Side) Rules, 2018 [‘DHC Rules’].
15. For the reasons stated in the application, the same is allowed.
16. Accordingly, the application is disposed of.
I.A. 32035/2025(for exemption)
17. This application under Section 151 of CPC filed on behalf of the
Plaintiffs seeking exemption from effecting advance service on the
Defendants.
18. For the reasons stated in the application, the same is allowed.
19. Accordingly, the application is disposed of.
I.A. 32034/2025(application under Section 12A of the Commercial Courts
Act, 2015 read with Section 151 of the Code of Civil Procedure Code, 1908)
20. 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 in
