Court restrains company from manufacturing, stockpiling, selling or offering for sale any product infringing Incyte’s Indian Patent No. 269841, holding online listings and enquiries amounted to an “offer for sale.”
The Delhi High Court has granted an ex parte ad interim injunction in favour of Incyte Holdings Corporation and its associated plaintiffs in a patent infringement suit against Melody Healthcare Private Limited, finding a strong prima facie case of infringement of the patented compound Ruxolitinib.
Justice Vikas Mahajan passed the order in CS(COMM) No. 1054 of 2026, observing that the plaintiffs hold a valid and subsisting patent, Indian Patent No. 269841, which protects Ruxolitinib, a compound used in the treatment of myelofibrosis. The patent is stated to remain in force until 12 December 2026.
According to the plaintiffs, the defendant was advertising, listing and offering for sale or supply Ruxolitinib/Ruxolitinib Phosphate Active Pharmaceutical Ingredient (API) on a third-party interactive commercial platform, and was also accepting business enquiries for the product. The court accepted the plaintiffs’ contention that such conduct amounts to an “offer for sale” under Section 48 of the Patents Act, 1970.
The plaintiffs further relied on an investigation report dated 9 September 2026, which allegedly showed that Melody Healthcare had obtained a manufacturing licence from the Food Drug Control Administration, Maharashtra, had developed a generic version in-house, and intended to commence commercial manufacturing and stockpiling. The court noted that the defendant had not yet commercially launched the product, but the material on record indicated imminent infringing activity.
Taking note of the patent’s validity, the online listings, and the investigation report, the court held that the plaintiffs had established a prima facie case, that the balance of convenience lay in their favour, and that irreparable injury would be caused if interim protection was denied.
The court therefore restrained the defendant, its 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 otherwise dealing in pharmaceutical drug products containing Ruxolitinib, whether alone or in combination with other compounds, in a manner that infringes Indian Patent No. 269841.
The court also exempted the plaintiffs from the pre-litigation mediation requirement under Section 12A of the Commercial Courts Act, 2015, noting that urgent relief was sought in the matter. The suit was registered, summons were ordered to be issued, and the matter was listed for further proceedings.
Bottom Line :
Patents Act, 1970 - Patent infringement - Listing, advertising and offering for sale/supply of patented Active Pharmaceutical Ingredient on an interactive commercial platform amounts to an "offer for sale" under Section 48 - Where plaintiffs established a valid and subsisting patent for Ruxolitinib and defendant was shown to have obtained manufacturing licence and intended commercial manufacture/stockpiling before patent expiry, ex parte ad interim injunction was granted restraining manufacture, stockpiling, import, sale, offer for sale/supply, export and other dealings in infringing products.
Statutory provision(s): Section 48, Patents Act, 1970, Section 12A, Commercial Courts Act, 2015, Order XXXIX Rules 1 and 2, Code of Civil Procedure, 1908, Order XXXIX Rule 3, Code of Civil Procedure, 1908, Order XI Rules 1(4), 2 and 5, Intellectual Property Rights Division Rules, 2022, Section 151, Code of Civil Procedure, 1908
