IN THE HIGH COURT OF DELHI AT NEW DELHI
VRINGO INFRASTRUCTURE INC and ANR
Through Mr. Neeraj Kishan Kaul, Sr. Adv.
with Ms. Prathiba M. Singh, Ms. S.
Choudhary, Mr. Ashutosh, Mr. B.
XU DEJUN and ORS
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
Application is disposed of on the undertaking of the learned
counsel for the plaintiff that the requisite Court fees will be filed
within four weeks.
IA 17934/2013 (u/S 151 CPC)
By this application the plaintiff seeks permission to file the
plaintiff?s authorized signatory?s affidavit and pleadings on A4 size
paper sheets as they were inadvertently typed on the said sheets.
For the reasons stated in the application the same is allowed.
Application is disposed of.
Exemption allowed subject to just exceptions.
Exemption allowed subject to the plaintiff filing the original
documents before admission/ denial of documents.
Application is disposed of.
IA 17931/2013 (u/S 151 CPC)
By this application the plaintiff seeks leave to place on record
the illustrative claim chart mapping, correlating the claims of the suit
patent with relevant standards of 3GPP2 in a sealed cover.
Since documents contain the mapping chart of the plaintiff?s
patent, the same is permitted to be placed in sealed cover.
Application is disposed of.
CS(OS) 2168/2013 and IA 17292/2013 (u/O XXXIX R 1and2 CPC)
Plaint be registered as suit.
Issue summons in the suit and notice in the application to the
defendants on the plaintiff taking steps through ordinary and dasti
process, registered AD and courier services and through e-mail returnable
before this Court on 3rd February, 2014.
By the present suit the plaintiff seeks permanent injunction
against the defendants restraining them from infringing the right of the
plaintiffs in their registered patent No. IN 243980 titled as ?Mobile
Station Operable with Radio Access Network and a Packet Data Serving Node
and a Method for Operating Such Mobile Station? along with rendition of
accounts, damages, etc.
The plaintiff No.2 was initially assigned the patent on 9th August,
2012 by virtue of a Confidential Patent Purchase Agreement granting
rights, title and interest in the suit patent noted above, which was
further transferred by the plaintiff No. 2 to plaintiff No.1. The
plaintiff?s patent is one of the essential ingredients of the technology
used in CDMA2000 and CDMA2000 Rev A and Rev B. Defendant No.3 is a company
incorporated under the laws of Peoples Republic of China and defendant
No.2 is its Indian subsidiary. They are dealing in manufacturing,
selling, transporting, importing and sale of mobile handsets, dongles,
tablets and infrastructural equipments using CDMA2000 and CDMA2000 Rev A
and Rev B standards and one of its essential ingredients is the patent of
the plaintiff. The plaintiffs have placed on record the web-pages of the
site of the defendants which demonstrate that they are using the
plaintiff?s patent because they are using the technology CDMA2000 and
CDMA2000 Rev A and Rev B. Besides the plaintiff has also placed on record
an expert?s report. The affidavit of the expert demonstrates that after
having reviewed the complete specification of the Indian patent No. IN
243980 of which the plaintiff No.1 is the owner, it was found that the
defendants i.e. ZTE are manufacturing, selling, importing, offering for
sale devices compatible with CDMA2000 EV-DO Rev A or later standards in
India collectively with ?ZTE Mobile Devices? including the following ZTE
Optik V55, ZTE N880E, ZTE Chorus, ZTE AR910, ZTE Flash and ZTE AC 2736.
According to the expert the aforesaid ZTE mobile devices support at least
CDMA2000-EV-DO Rev A.
In view of the material placed on record, I am of the considered
opinion that the plaintiffs have made out a prima facie case in their
favour showing infringement of their patent and are thus entitled to
grant of an ad interim injunction in their favour. The balance of
convenience also lies in favour of the plaintiffs and in case an interim
injunction is not granted the plaintiffs will suffer an irreparable loss
Consequently, it is directed that till the next date of hearing,
(i) the defendants their officers, directors, agents, employees,
distributors, customers etc. are restrained from manufacturing,
assembling, importing, selling or offering for sale or advertising on
their products (telephone instruments, mobile handsets, tablets, handheld
devices, dongles etc.) or any other similar devices that include the 3G
technology CDMA2000 and CDMA2000 with Rev A and/ or Rev B which may
amount to the infringement of the plaintiff?s patent.
(ii) The Customs Authorities at Mumbai, Delhi, Chennai and Kolkata are
directed that as and when any consignment is imported by the defendants,
intimation thereof shall be given to the plaintiffs about the same and
objections, if any, of the plaintiffs thereto will be decided as per the
provisions of Intellectual Property Rights (Imported Goods) Enforcement
(iii) Defendant No.1 and the authorized representatives of the defendant
No.2and3 are directed to file an affidavit disclosing the following
(a) Quantum of devices (mobile handsets, tablets, dongles and
infrastructure equipments etc.) sold by them in India till date which use
the technology CDMA2000 and/or CDMA2000 Rev A and/or CDMA2000 Rev B and
(b) Revenue earned from the sale of the devices (i.e. mobile handsets,
tablets, dongles and infrastructure equipments etc.) as noted above till
Compliance under Order XXXIX Rule 3 CPC be made within two weeks.
IA 17930/2013 (u/O XXVI R 9 CPC and u/O XXXIX R 7 CPC)
By this application the plaintiff seeks appointment of Local
As noted above, on the basis of documents filed and the report of
expert which has been placed on affidavit, the plaintiffs have made out a
prima facie case showing that the defendants are violating and infringing
the plaintiff No.1?s right in its registered patent IN 243980 and are
thus liable for rendition of accounts, damages, delivery etc.
Consequently, Ms. Mahira Ali Soomar, Advocate (Mob. 9971112519) is
appointed as Local Commissioner to visit the defendant?s premises at ZTE
Telecom India Private Limited, 6th Floor, Tower Building No.10, DLR Cyber
City, Phase-II, Gurgaon-122002; Ms. Nidhi Raman, Advocate (Mob.
9891088658) to visit the premises at ZTE Corporation, 804-808, 8th Floor
Global, Business Park Tower B, Gurgaon, Haryana; and Ms. Monica Gupta,
(Mob. 9699575569) to visit the premises at ZTE Telecom India Private
Limited, Plot No.15, Sector-4, Manesar, Gurgaon-122001, Haryana.
The Local Commissioners are directed to visit the premises and
prepare an inventory of all the infringing products/ goods i.e. handsets,
tablets, dongles, infrastructure equipments etc., along with components
semi-assembled products, brochures, technical specifications, template
offer letters etc. The Local Commissioners will inspect the books of
accounts, sales records of these infringing equipments, handsets, devices, dongles, etc., which claim to be using CDMA2000 and/or CDMA2000
Rev A and/or CDMA2000 Rev B from the year 2007 onwards; and would take
the photographs of the same to be placed on record of this Court. They
would also seize sample material one each of infringing devices,
handsets, dongles, etc. In case of any resistance, necessary Police
assistance will be rendered by the concerned SHO. The fee of the Local
Commissioners is fixed at Rs. 75,000/- each.
This Court further appoints the following Local Commissioners to
visit the offices of the Chief Commissioner of Customs at New Delhi,
Mumbai, Chennai and Kolkata.
(i) Ms. Manashi Pathak, Law Researcher (Mob.9899382465) is appointed as
Local Commissioner to visit the office of the Chief Commissioner of
Customs, New Customs House, Near IGI Airport, New Delhi ? 110037.
(ii) Ms. Malayashree Shridharan, Advocate (Ph.No. 23352365) is appointed
as Local Commissioner to visit the office of Chief Commissioner of
Customs, Mumbai Zone-I, 2nd Floor, New Custom House, Ballard Estate,
(iii) Mr. Chetan Chawla, Advocate (Mob.9811570569) is appointed as Local
Commissioner to visit the office of Chief Commissioner of Customs,
Chennai Zone, Krishna Block No.60, Rajaji Salai, Custom House-600001 and
(iv) Mr. Rohit Gupta, Advocate (Mob.9810668801) is appointed as Local
Commissioner to visit the office of Chief Commissioner of Customs, custom
House, 15/1, Strand Road, Kolkata.
The fee of Ms. Manashi Pathak (Law Researcher) is fixed at Rs.
75,000/- and of Ms. Malayashree Shridharan, Adv., Mr. Chetan Chawla, Adv.
and Mr. Rohit Gupta, Adv. is fixed at Rs. 1 lakh each. The Local
Commissioners are directed to visit the offices, inspect and take
photocopies of the documents detailing the import of the mobile devices
(equipments, handsets, tablets, dongles, etc.) into India by the
defendants which are compliant with CDMA2000 technology so as to
ascertain the imports of the infringing goods.
The Local Commissioners shall submit their report within a period
of four weeks from the date of execution of the commission.
Application is disposed of.
MUKTA GUPTA, J
NOVEMBER 08, 2013
CS(OS) 2168/2013 Page 1 of 9