Delhi HC Temporarily Restrains Melody Healthcare From Selling Ruxolitinib Products In Incyte Patent Case
The Delhi High Court has temporarily restrained Melody Healthcare Private Limited from using, manufacturing, stockpiling, importing, selling, offering for sale or supply, or exporting pharmaceutical drug products containing Ruxolitinib.
The restraint applies where such conduct amounts to infringement of Incyte Holdings Corporation's patent.
Justice Vikas Mahajan held that the plaintiffs had made out a prima facie case for an ex parte ad interim injunction.
He observed, “The balance of convenience is also in favour of an ex parte ad interim injunction being passed since they have a valid and subsisting patent, the term of which has not yet expired whereas the defendants are yet to commercially launch their product.”
The order was passed on September 24 in a patent infringement suit concerning a patent that protects the compound Ruxolitinib, which is used to treat myelofibrosis, a cancer of the bone marrow.
The patent is stated to be valid and subsisting and will expire on December 12, 2026.
Incyte's case was that Melody had listed “Ruxolitinib Phosphate” in its commercial API product list. Melody was also listed as a supplier of Ruxolitinib/Ruxolitinib Phosphate API on Pharmacompass, a third-party interactive commercial platform.
Incyte argued that advertising, listing and offering Ruxolitinib or Ruxolitinib Phosphate for sale or supply amounted to an “offer for sale” under Section 48 of the Patents Act, 1970.
The company also relied on an investigation report dated September 9, 2026. According to the order, the report confirmed that Melody had obtained a manufacturing licence for Ruxolitinib/Ruxolitinib Phosphate API from the Food Drug Control Administration, Maharashtra.
The report further recorded that Melody had developed a generic version of the API in-house. It also stated that Melody intended to commence commercial manufacturing or stockpiling.
The court found that the plaintiffs had made out a prima facie case for grant of an ex parte ad interim injunction. It also held that the balance of convenience favoured the injunction because the patent remained valid and had not expired, while Melody was yet to commercially launch its product.
The court further held, “I am satisfied that the plaintiffs will suffer an irreparable loss and injury if interim relief is not granted till the next date of hearing.”
The order records that Ruxolitinib was launched in the United States in 2011 under the trademark “JAKAFI” and in India in 2013 under the trademark “JAKAVI”. The US launch is attributed to plaintiff no. 1, while the Indian launch is attributed to plaintiff no. 3.
The injunction extends to Melody's directors, group companies or sister concerns, associates, divisions, assigns in business, licensees, franchisees, agents, distributors and dealers. They are restrained from dealing in pharmaceutical drug products containing Ruxolitinib alone, in combination with another compound or in any other form, where such conduct amounts to infringement of Indian Patent No. 269841.
The matter will be heard before the Joint Registrar on November 17, 2026 for completion of service and pleadings. It will then be listed before the court on January 20, 2027
For Applicants: Advocates Hemant Singh, Abhay Tandon, Kriti Chulet, Ritik Gawali, Viraj Thakur and Jahanvi Miglani