Short Summary
Incyte Holdings Corporation and its associated entities filed a patent infringement suit against Precise Bio Pharma Private Limited before the Delhi High Court, alleging infringement of Indian Patent No. 269841 which protects the compound Ruxolitinib used in treating myelofibrosis. The plaintiffs claimed that the defendants were offering for sale Ruxolitinib/Ruxolitinib Phosphate API through their website and third-party platforms, and had obtained a manufacturing licence and developed a generic version of the patented compound. The court, satisfied that a prima facie case was made out and that the plaintiffs would suffer irreparable loss, granted an ex parte ad interim injunction restraining the defendants from manufacturing, selling, or dealing in pharmaceutical products containing Ruxolitinib until the next date of hearing.
Detailed Summary
The plaintiffs, Incyte Holdings Corporation and its associated entities, filed CS(COMM) 1051/2026 before the Delhi High Court seeking relief against the defendants, Precise Bio Pharma Private Limited and another, for alleged infringement of Indian Patent No. 269841 (the suit patent IN'841). The suit patent protects the novel and inventive compound Ruxolitinib, which is used in the treatment of myelofibrosis, a cancer of the bone marrow. The suit patent was valid and subsisting at the time of filing, with its term set to expire on 12.12.2026. The plaintiffs launched Ruxolitinib in the United States in 2011 under the trademark JAKAFI and in India in 2013 under the trademark JAKAVI.
The plaintiffs' case was that the defendants were infringing the suit patent by advertising, listing, and offering for sale or supply Ruxolitinib/Ruxolitinib Phosphate Active Pharmaceutical Ingredient (API) on a third-party interactive commercial platform, which constituted an offer for sale within the meaning of Section 48 of the Patents Act, 1970. During online due diligence conducted in the first week of July 2026, the plaintiffs discovered that the defendants had listed Ruxolitinib in their API Product List 2026, Export Formulation List, and Intermediate List on their website. The defendants were also listed as a supplier for Ruxolitinib/Ruxolitinib Phosphate API on the third-party platform Pharmacompass. An investigation report dated 09.09.2026 confirmed that the defendants had obtained a manufacturing licence for Ruxolitinib/Ruxolitinib Phosphate API from the Food Drug Control Administration, Maharashtra, had developed a generic version of the API in-house, and intended to commence commercial manufacturing and stockpiling at their facility in Navi Mumbai, Maharashtra. The plaintiffs noted that no pharmaceutical drug products containing the patented compound had yet been commercially manufactured or launched by the defendants.
The plaintiffs filed multiple interlocutory applications, including applications under Section 12A of the Commercial Courts Act, 2015 seeking exemption from pre-litigation mediation, applications for discovery and production of documents, and an application under Order XXXIX Rules 1 and 2 of the CPC seeking an ex parte ad interim injunction. The court allowed the exemption application given the urgency of the matter, directed notice on the discovery application, and permitted filing of additional documents. The plaint was ordered to be registered as a suit, with summons to be issued to the defendants by all permissible modes.
On the injunction application, Mr. Hemant Singh, learned counsel for the plaintiffs, drew the court's attention to the certificate of grant and complete specification of the suit patent. After considering the submissions and perusing the documents on record, Justice Vikas Mahajan was satisfied that the plaintiffs had made out a prima facie case for the grant of an ex parte ad interim injunction. The court found that the balance of convenience favoured the plaintiffs since they held a valid and subsisting patent whose term had not yet expired, while the defendants had not yet commercially launched their product. The court further held that the plaintiffs would suffer irreparable loss and injury if interim relief was not granted. Accordingly, an ex parte ad interim injunction was granted restraining the defendants, by themselves or through their directors, group companies, sister concerns, associates, divisions, assigns, licensees, franchisees, agents, distributors, and dealers, from using, manufacturing, stockpiling, importing, selling, offering for sale or supply, exporting, or directly or indirectly dealing in pharmaceutical drug products containing Ruxolitinib, alone or in combination with any other compound, in a manner that amounts to infringement of Indian Patent No. 269841, until the next date of hearing. The matter was listed before the Joint Registrar on 17.11.2026 for completion of service and pleadings, and before the court on 20.01.2027 for framing of issues.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Delhi High Court - Orders. Understanding the court's reasoning in Incyte Holdings Corporation & Ors. vs Precise Bio Pharma Private Limited & Anr. is valuable context for structuring arguments or assessing risk in similar proceedings.
Related Cases
The North Face Apparel CorpvsController of Patents and Designs
The North Face Apparel Corp challenged the Controller of Patents' refusal of its patent application (No. 202147026139) titled 'Systems and Methods for End-to-End Article Management' before the Madras High Court under Section 117A of the Patents Act, 1970. The Controller had rejected the application citing lack of inventive step over prior art documents D21-D24. The Court held that the Controller erred by dissecting the claims into isolated elements rather than assessing the invention as a whole, and overlooked the use of spectrophotometer and invisible markers for tracking the manufacturing process, which were not disclosed in the cited prior art. The appeal was allowed and the Controller was directed to grant the patent.
Aventose Energy Private LimitedvsThe Assistant Controller of Patents & Designs, Patent Office Chennai
Aventose Energy Private Limited appealed under Section 117A of the Patents Act, 1970 against the refusal of its patent application (No. 202141019671) for a 'System and Method for Operating Automobiles with an Electric Drivetrain' featuring safe mode activation upon fault detection. The Madras High Court found that the Assistant Controller had contradicted the First Examination Report (which accepted novelty) by subsequently holding the invention lacked novelty without giving the applicant an opportunity to be heard. The court further held that the Controller improperly conflated novelty with inventive step under Section 2(1)(ja) and failed to properly analyze the claims against prior art documents D1–D4.
Apex Laboratories Pvt LtdvsElder Lifescience and Ambico Ayurvedic Health Care
Apex Laboratories Pvt Ltd, the prior adopter and registered proprietor of the trademark ZINCOVIT (TM No. 487453 in Class 5) since 1988, sought interim injunction against Elder Lifescience and Ambico Ayurvedic Health Care for using the deceptively similar mark NEO ZINCOVIT. The applicant also claimed copyright infringement of its registered artistic works (A-108878/2014) covering colour scheme, get-up, and layout. The Madras High Court was satisfied that the respondents were attempting to piggyback on the applicant's goodwill and granted interim injunctions on all three applications covering trademark infringement, copyright infringement, and passing off.
Radico Khaitan LimitedvsPicadilly Agro Industries Limited
This Special Leave Petition arose from a judgment dated 29-05-2026 in CS No. 8/2025 passed by the District Judge, Karnal, Haryana, concerning a trademark dispute over the marks 'Cashmere' and 'Kashmyr' used in relation to beer and vodka. The Supreme Court noted that a First Appeal (FAO-COM-11-2026) was already pending before the Division Bench of the Punjab and Haryana High Court, listed for 28.10.2026. The Court disposed of the SLP without adjudicating it on merits, requesting the High Court to pass an appropriate order regarding the ad interim injunction on the scheduled date.
Maharaja Agrasen Technical Educational Society (Regd.)vsMaharaja Agrasen Himalayan Garhwal University
The plaintiff, Maharaja Agrasen Technical Educational Society, filed a suit for permanent injunction against the defendant, Maharaja Agrasen Himalayan Garhwal University, alleging infringement and passing off regarding the use of the words 'Maharaja Agrasen' in the defendant's name. The Delhi High Court had previously granted a restraint order on 10.07.2026. During the pendency of the suit, the parties arrived at a settlement dated 14.09.2026, under which the defendant agreed to change its name through a statutory amendment while being permitted limited transitional use of its existing name. The court recorded the settlement, modified the interim order accordingly, and listed the matter for compliance reporting on 13.07.2027.
Varahi Diamonds And Finance LimitedvsSahil Vinay Mehra Trading As Mehra Sons Jewellers & Anr.
This is a commercial suit filed by Varahi Diamonds And Finance Limited against Sahil Vinay Mehra Trading As Mehra Sons Jewellers & Anr. before the Delhi High Court. The order is primarily procedural, dealing with the registration of the plaint, issuance of summons, directions for filing pleadings, and an interim injunction application. The matter was referred to mediation, with parties directed to appear before the Delhi High Court Mediation and Conciliation Centre.
Dealing with a patent challenge?
Whether it's a Section 3(d) rejection, a post-grant opposition, or a FRAND dispute, Arctic's patent litigation team has handled it. Get a strategy call.
Disclaimer: This page contains an automated summary based on publicly available judicial records. The content is generated for informational purposes only and does not constitute legal advice. Always verify details against the original source judgment before relying on this information for any legal purpose. If you believe any information is inaccurate, please contact us.