$~42 * IN THEHIGH COURTOF DELHIAT NEW DELHI + CS(COMM) 1316/2025& I.As. 30871-77/2025 INCYTE HOLDINGS CORPORATION & ORS. .....Plaintiffs Through: Mr. Hemant Singh, Ms. Mamta Jha, Mr. Abhay Tandon, Mr. Pramod Kumar and Ms. Kirti, Advocates versus NATCO PHARMA LIMITED .....Defendant Through: Mr. J. Sai Deepak, Sr. Advocate with Mr. Afzal Khan, Ms. Amrita Majumdar and Mr. Avinash Sharma, Advocates CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 10.12.2025 I.A. 30873/2025

1. This application under Section 12A of the Commercial Courts Act, 2015 read with Section 151 CPC has been filed by the Plaintiffs seeking exemption from instituting pre-litigation mediation.

2. 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. Keerthi, (2024) 5 SCC 815, exemption from the requirement of pre-

institution mediation is granted to the Plaintiffs.

3. With the aforesaid direction, this application stands disposed of.

I.A. 30877/2025

4. This is an application filed on behalf of the Plaintiffs under Section 151 of CPC 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.

5. Subject to the Plaintiffs filing 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 four (4) weeks from today, exemption is granted for the present, failing which, the Plaintiffs will not be entitled to rely upon these documents.

6. With the aforesaid direction, this application stands disposed of.

I.A. 30876/2025

7. This is an application filed on behalf of the Plaintiffs under Section 151 of CPC seeking exemption from affixing company seal of Plaintiff No.1 in the pleadings and vakalatnama in the present suit.

8. Subject to the Plaintiffs affixing company seal of Plaintiff No. 1 in the pleadings and vakalatnama in the present suit within a period of four (4) weeks from today, exemption is granted for the present. In case of failure in complying this direction, the plaint shall be liable to be rejected for improper institution.

9. With the aforesaid direction, this application stands disposed of.

CS(COMM) 1316/2025

10. The present suit has been filed for seeking permanent injunction restraining infringement of Indian Patent No. IN269841 and other ancillary reliefs against the defendant.

11. Mr. Afzal Khan, Advocate enters appearance on behalf of the defendant on advance service. Learned senior counsel appearing on behalf of defendant states that defendant has not commercialized any product which infringes the plaintiff no. 1’s Indian patent bearing No. IN269841, which covers the compound ‘Ruxolitinib’and further, the defendant does not intend to do so within the validity of the Suit Patent.

12. He states that this statement can be taken on record and the suit can be resolved on this basis.

13. He states that however, this Court may protect the defendant’s rights under Section 107-A of the Patents Act, 1970 to use the compound ‘Ruxolitinib’ for the purpose mentioned in the said provision.

14. Learned counsel appearing on behalf of the plaintiff states that plaintiff, however, requires the defendant to file an affidavit as directed by the Coordinate Bench in CS(COMM) No. 509/2024 vide order dated 31.05.2024 particularly referring to paragraph nos. 17 and 18 therein, in similar circumstances, which reads as under:-

“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 statemen