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Incyte Holdings Corporation & Ors. v. Tiba Pharmaceutical Pvt. Ltd.



The Delhi High Court, recently, granted an ex-parte ad interim injunction restraining Tiba Pharmaceutical Pvt. Ltd. (Defendant) from manufacturing pharmaceutical drugs containing Ruxolitinib in any form, in a quia-timet patent infringement suit.

 

Incyte Holdings Corporation & Ors. (Plaintiffs) filed the subject civil suit on the basis of a quia-timet action alleging infringement of its patent covering a compound Ruxolitinib, used in the treatment of intermediate or high-risk myelofibrosis, a type of myeloproliferative disorder that affects the bone marrow and for polycythemia vera (PV). The Plaintiffs alleged that the Defendant has obtained manufacturing licenses/approval from the Commissioner of the Food & Drugs Control Administration for manufacturing drugs containing Ruxolitinib as the active pharmaceutical ingredient for export as well as the domestic market. The Plaintiffs relied on an investigation that it had conducted, which revealed that the Defendant intended to launch the infringing pharmaceutical products in February 2024. In light of this, the Plaintiffs argued that there is sufficient evidence to the effect that the Defendant would launch the drug infringing the claims covered by its patent very soon.

 

Considering the above background, the court observed that the Plainittfs have made out a prima facie case, the balance of convenience lies in their favour, and that they would suffer irreparable loss if the Defendant were permitted to launch the infringing pharmaceutical product. The court, taking note of the aforesaid, restrained the Defendant from using, manufacturing, stockpiling, or exporting pharmaceutical drugs containing the compound Ruxolitinib in any form that would constitute infringement of the Plaintiffs’ patent. Further, the court also appointed a local commissioner to visit and inspect the Defendant’s premises and seize any infringing drug that is found.

 

Incyte Holdings Corporation & Ors. v. Tiba Pharmaceutical Pvt. Ltd. [CS(COMM) 81/2024], order dated January 29, 2024

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