$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1259/2025 Incyte Holdings Corporation & Ors. .....Plaintiffs Through: Mr.Hemant Singh,Ms.Mamta R.Jha, Mr. Abhay Tandon, Mr. Pramod Kumar&Ms.KritiChulet,Advocates.

versus Lucius Pharmaceuticals Co., Ltd. & Ors. .....Defendants Through:

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 03.12.2025 I.A. 29444/2025 (Exemption from pre-institution Mediation)

1. 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”).

2. 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.

3. The Application stands disposed of.

I.A. 29449/2025 (Exemption)

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

5. The Application stands disposed of.

I.A. 29450/2025 (Exemption)

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

7. The Application stands disposed of.

I.A. 29451/2025 (To mask the identities of the Parties)

8. The Plaintiffs apprehend failure of the Local Commissions if the identity of the Defendants is revealed and has requested masking of identities of the Parties till the filing of the reports of the Local Commissioners in compliancewiththePracticeDirectionNo.139/Rules/DHCdated27.05.2025.

9. Exemption is granted, subject to all just exceptions.

10. The Application stands disposed of.

I.A. 29447/2025 (seeking exemption from filing the pleadings in the present suit with the seal of the company)

11. ThePlaintiffshavefiledthisApplicationseekingexemptionfromfiling the pleadings in the present Suit with the seal of companies of Plaintiff Nos.

1 and 2.

12. For the reasons stated in the application, the same is allowed and the Plaintiff Nos. 1 and 2 are exempted from filing the pleadings with the seal of respective companies.

13. The Application stands disposed of.

I.A. 29443/2025 (Exemption from advance service to the Defendants)

14. This is an Application filed by the Plaintiffs under Section 151 of the Code of Civil Procedure, 1908 (“CPC”) seeking exemption from advance service to the Defendants.

15. Mr. Hemant Singh, learned Counsel for the Plaintiffs, submitted that there is a real and imminent likelihood that the Defendants may take immediate steps to dispose of, conceal or suppress its infringing business operations and digital footprints.

16. In viewof the factthat the Plaintiffshave sought anurgent ex-partead- interim injunction along with the appointment of the Local Commissioners, the exemption from advance service to the Defendants is granted.

17. The Application stands disposed of.

I.A. 29448/2025 (seeking leave to file certain documents on a CD)

18. This Application has been filed by Plaintiffs seeking permission to place on record CD containing electronic records of Defendants’ infringing activities.

19. In facts and circumstances as stated in the Application, the same is allowed. The CD be taken on record.

20. Accordingly, the Application stands disposed of.

CS(COMM) 1259/2025

21. Let the Plaint be registered as a Suit.

22. Issue Summons.Let the Summons be served to the Defendants through all permissible modes upon filing of the Process Fee.

23. The Summons shall state that the Written Statements shall be filed by theDefendantswithin30daysfromthedateofthereceiptofSummons.Along with the Written Statements, the Defendants shall also file an Affidavit of Admission / Denial of the documents of the Plaintiffs, without which the Written Statements shall not be taken on record.

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

25.