$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1356/2025 & IA No.31721/2025 INCYTE HOLDINGS CORPORATION & ORS. .....Plaintiffs Through: Ms. Mamta R.Jha, Mr. Abhay Tondan & Ms. Kirti, Advocates.

Versus ZYDUS LIFESCIENCES LIMITED .....Defendant Through: Ms.BitikaSharma,Ms.Vrinda Pathak & Mr. Manjunathan P.S., Advocates.

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 18.12.2025 IA Nos.31725/2025, 31726/2025 & 31727/2025 (for exemption)

1. Exemption is allowed, subject to all just exceptions.

2. The Applications stand disposed of.

IA No.31722/2025 (Exemption from pre-institution Mediation)

3. This is an Application filed by the Plaintiffs seeking exemption from instituting pre-litigation Mediation under Section 12A of the Commercial Courts Act, 2015 (“CC Act”).

4. As the present matter contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi, 2023 SCC OnLine SC 1382, exemption from the requirement of pre-institution Mediation is granted.

5. The Application stands disposed of.

I.A.31723/2025(DiscoverybyInterrogatories&productionofdocuments)

6. This Application has been filed by the Plaintiffs under Order XI Rules 2&5 of the Code of Civil Procedure, 1908 (‘CPC’) as amended by the CC Act read with Section 151 of the CPC, seeking discovery by interrogatories and production of documents.

7. Issue Notice. The learned Counsel for the Defendant accepts Notice.

8. Let Reply be filed within a period of four weeks. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.

9. List before the Joint Registrar on 17.02.2026 for completion of service and pleadings.

10. List before this Court on 17.03.2026.

CS (COMM) No.1356/2025

11. Let the Plaint be registered as a Suit.

12. Issue Summons. The learned Counsel for the Defendant accepts Summons.

13. Written Statement shall be filed by the Defendant within 30 days from the date of the receipt of Summons. 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.

14. Liberty is granted to the Plaintiffs to file Replication, if any, within 30 days from the receipt of the Written Statement. Along with the Replication filed by the Plaintiffs,an Affidavit of Admission / Denial of the documents of Defendant be filed by the Plaintiffs, without which the Replication shall not be taken on record.

15. In case any Party is placing reliance on a document, which is not in their power and possession, its details and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.

16. IfanyofthePartieswishtoseekinspectionofanydocuments,thesame shall be sought and given within the prescribed timelines.

17. List before the learned Joint Registrar on 17.02.2026 for completion of service and pleadings.

IA No.31724/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)

18. The present Application has been filed on behalf of the Plaintiffs under Order XI Rule 1(4) of the CPC as applicable to CCAct seeking leave to place on record additional documents.

19. The Plaintiffs are permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side)

Rules, 2018.

20. Accordingly, the Application stands disposed of.

IA No.31720/2025 (u/O XXXIX Rules 1&2 CPC)

21. This is an Application under Order XXXIX Rule 1 & 2 of the CPC seeking ad-interim injunction against the Defendant.

22. Issue Notice. The learned Counsel for the Defendant accepts Notice.

23. Let the Reply tothisApplicationbefiledwithin aperiodoffour weeks.

Rejoinder thereto, if any, be filed within a period of two weeks thereafter.

24. The learned Counsel for Defendant, on instructions, submitted that Defendant has no intention to manufacture or commercially launch any product, which infringes the Plaintiffs’ Suit Patent being No. IN269841 till the validity of the said Patent except