A prima facie case of patent infringement is established when a defendant lists a patented compound as a 'Scale-up API' and obtains a manufacturing license, justifying an ex parte ad interim injunction to prevent irreparable injury to the patent holder.

Manohar v. T.K.D. Keerthi , (2024) 5 SCC 815, as also Division Bench of this Court in Chandra Kishore Chaurasia v. RA Perfumery Works Private Ltd. , 2022 SCC OnLine Del 3529, exemption is granted to the Plaintiffs from Pre-Institution Mediation.

8. Application is allowed and disposed of.

I.A. 19402/2026 (u/O XI Rules 2 and 5 r/w Section 151 CPC)

9. This application is filed on behalf of the Plaintiffs seeking discovery by interrogatories and production of documents.

10. Issue notice to the Defendant through all permissible modes, returnable before Joint Registrar on 18.08.2026.

I.A. 19403/2026 (u/O XI Rule 1 (4) r/w Section 151 CPC)

11. This application is filed on behalf of the Plaintiffs seeking to place on record additional documents within 30 days.

12. Plaintiffs, if they wish to file additional documents at a later stage, shall do so strictly in accordance with provisions of the Commercial Courts Act, 2015.

13. Application is allowed and disposed of.

CS(COMM) 780/2026

14. Let plaint be registered as a suit.

15. Issue summons to the Defendant through all permissible modes, returnable before the learned Joint Registrar on 18.08.2026.

16. Summons shall state that the written statement shall be filed by the Defendant within 30 days from the date of receipt of summons along with affidavit of admission/denial of the documents filed by the Plaintiffs.

17. It will be open to the Plaintiffs to file replication within 30 days from receipt of the written statement along with affidavit of admission/denial of documents filed by the Defendant.

18. If any of the parties wish to seek inspection of any documents, the same be sought and given within the timeline prescribed in Delhi High Court (Original Side) Rules, 2018.

19. Learned Joint Registrar shall carry out admission/denial of documents and marking of exhibits.

I.A. 19397/2026 (u/O XXXIX Rules 1 and 2 r/w Section 151 CPC)

20. This application is filed on behalf of the Plaintiffs under Order XXXIX Rules 1 and 2 read with Section 151 of CPC for grant of ex parte ad interim injunction.

21. Issue notice to the Defendant through all permissible modes, returnable before Court on 16.09.2026.

22. Case of the Plaintiffs as set out in the plaint is that Plaintiff No. 1 is a company incorporated under the laws of Delaware USA and is a wholly owned subsidiary of Incyte Corporation, which is a global biopharmaceutical company founded in the year 2002 and engaged in the business of developing and manufacturing prescription biopharmaceutical medications in multiple therapeutic areas including oncology, inflammation and autoimmunity. Plaintiff No. 1 has unique expertise in medicinal chemistry and biology that has enabled it to create a diversified portfolio of marketed products and clinical candidates. Plaintiff No. 2 is incorporated under the laws of Switzerland and both Plaintiffs No. 2 and 3 are part of the ‘Novartis’ group, which is internationally known for its superior and high-quality pharmaceutical products and is strongly committed to research and development and has expended US$ 11.2 billion on pharmaceutical research and development in 2025 alone.

23. It is stated that present suit pertains to Indian Patent bearing No.269841 (IN’841), which protects the novel and inventive compound Ruxolitinib, used in treatment of myelofibrosis i.e., bone marrow cancer and works by blocking a group of enzymes known as Janus kinases (JAKs), which are involved in production and growth of blood cells. IN’841 is valid and su