IN THE HIGH COURT OF DELHI AT NEW DELHI
  
  CS(OS) 3775/2014
  
  TELEFONAKTIEBOLAGET LM ERICSSON(PUBL)..... Plaintiff
  
  Through: Mr. C.S. Vaidyanathan, Senior Advocate,
  
  Ms. Prathiba M. Singh, Senior Advocate with
  
  Ms. Saya Choudhary Kapur, Adv., Mr. Ashutosh Kumar, Adv.,
  
   Mr. Vihan Dang, Adv. and
  
  Mr. Tajveer Singh Bhatia, Adv.
  
  
  
  
versus
  
  
  
  
  
  XIAOMI TECHNOLOGY and ORS ..... Defendants
  
  Through:
  
  
  
  
  
  CORAM:
  
   HON'BLE MR. JUSTICE G.P. MITTAL
  
  
  
   O R D E R
  
   08.12.2014
  
  
  
  IA No.24585/2014 (u/s. 149 CPC) in CS(OS) 3775/2014
  
  Learned senior counsel for the Plaintiff states that the court fee
  has been obtained and the same shall be filed during the course of the
  day.
  
  Plaintiff is permitted to file court fees during the course of the
  day.
  
  Application stands disposed of.
  
  IA No.24584/2014 (Exemption)
  
  Exemption allowed subject to just exceptions and subject to filing
  of fair typed copies of the documents within four weeks.
  
  Application stands disposed of.
  
  IA No.24583/2014 (Exemption)
  
  Exemption allowed subject to just exceptions and subject to filing
  of original documents within eight weeks.
  
  Application stands disposed of.
  
  IA No.24582/2014 (u/s. 151 CPC)
  
  1. Plaintiff is permitted to file the documents as stated in the
  application in a sealed cover.
  
  2. The Defendants shall be entitled to inspect the documents through
  their authorised representatives or through their counsel, subject to
  notice to the Plaintiff/Plaintiff?s counsel to be given by the concerned
  branch.
  
  3. Application stands disposed of.
  
  CS(OS) 3775/2014 and IA No.24580/2014 (O.XXXIX Rules 1 and 2 CPC)
  
  1. This suit for permanent injunction, restraining infringement of rights
  in eight registered patents, damages, rendition of accounts, delivery up,
  etc. has been filed by the Plaintiff against the Defendants.
  
  2. Learned senior counsel for the Plaintiff states that the Plaintiff is
  the registered owner of the eight patents, i.e. IN203034, IN203036,
  IN234157, IN203686, IN213723 (AMR patents), IN229632, IN240471 (3G
  patents) and IN241747 (Edge Patent). The suit relates to the three
  technologies in the field of telecommunication pertaining to 2G and 3G
  devices.
  
  3. As per the averments made in the plaint, the Plaintiff had previously
  invited Defendant no.1 to use Plaintiff?s ownership of Standard Essential
  Patents qua GSM/GPRS/EDGE/WCDMA technology. The Plaintiff specifically
  requested Defendant no.1 to obtain a licence qua the Plaintiff?s Standard
  Essential Patents, but inspite of this, instead of obtaining licence,
  Defendant no.1 launched its infringing devices in India in July, 2014.
  It is urged by the learned senior counsel that in fact Defendant no.1
  expanded its operations by setting up an Indian Subsidiary (Defendant
  no.2) and thus, the Defendants have become liable to pay damages,
  rendition of accounts, delivery up and other reliefs and the Plaintiff is
  entitled to an injunction to protect its rights.
  
  4. It is urged by the learned senior counsel that Defendant no.1 has
  entered into an exclusive arrangement with Defendant no.3 which is an e-
  commerce company that sells and markets Defendant no.1?s infringing
  devises/handsets in India including within the jurisdiction of this
  Court.
  
  5. Learned senior counsel for the Plaintiff has referred to the
  injunction order passed in IA No.16750/2013 in CS(OS) No.2010/2013 and
  Division Bench judgment of this Court in Telefonaktiebolagert LM Ericcson
  Torshamnsgatan v. Union of India, MIPR 2012 (2) 345 as well as order
  dated 29.01.2013 passed in Telefonaktiebolgaet LM v. Kingtech Electronics
  (India), CS(OS) No.68/2012 where the Plaintiff?s patents were protected.
  
  6. I am satisfied that the Plaintiff has made out a prima facie case for
  grant of ad interim injunction in its favour. The balance of convenience
  also lies in favour of the Plaintiff and in the absence of an injunction
  order, the Plaintiff will suffer irreparable loss and injury.
  
  7. Issue summons of the suit and notice of the application to the
  Defendants by ordinary process, registered AD cover, speed post as well
  as through approved courier service, on steps to be taken within one
  week, returnable before the Joint Registrar on 05.02.2015.
  
  8. Accordingly, it is directed that till the next date of hearing:-
  
  (i) The Defendants, directly or indirectly or through their agents,
  distributors, etc. are restrained from manufacturing, assembling,
  importing, selling, offering for sale or advertising including through
  their and third party websites, products (telephone instruments, mobile
  handsets, tablets, hand-held devices, dongles etc.) including the models
  mentioned in para 13 of the application and any future or other devices
  or models that include the AMR, 3G and EDGE technology/devices/apparatus
  as patented by the Plaintiff in suit patents i.e. IN203034, IN203036,
  
  IN234157, IN203686, IN213723 (AMR patents), IN229632, IN240471 (3G patents) and IN241747 (Edge Patent) so as to result in infringement of
  the said suit patents till further orders;
  
  (ii) The Central Board of Excise and Customs is directed not to allow
  the import of mobiles, handsets, devices, tablets, etc. including the
  models specified in paragraph 13 of the application by the Defendants or
  their agents/affiliates that are infringing in nature of the Plaintiff?s
  registered patents;
  
  (iii) The Customs Authorities are directed that as and when any
  consignment is imported by the Defendants, intimation thereof shall be
  given to the Plaintiff and objections, if any, of the Plaintiff thereto
  shall be decided under the Intellectual Property Rights (Imported Goods)
  Enforcement Rules, 2007; and
  
  (iv) The Defendants are directed to file an Affidavit of a Director or
  other person, on behalf of the Defendants duly authorised by a specific
  resolution of its Board of Directors, disclosing the following
  information:-
  
  (a) Quantum of devices (handsets, tablets, etc.) sold by it in India
  till date that are AMR,EDGE and 3G compliant thereby rendering them
  infringing in nature; and
  
  (b) Revenue earned from the sale of mobile devices (handsets, tablets
  etc.) till date.
  
  9. Compliance of Order XXXIX Rule 3 CPC shall be made within ten days.
  
  10. Written statement and reply shall be filed by the Defendants within
  30 days of the service. Replication/rejoinder, if any, shall be filed
  within two weeks thereafter.
  
  11. List before the Joint Registrar for completion of pleadings and
  admission/denial of documents on 05.02.2015.
  
  12. List before the Court after completion of pleadings.
  
  IA No.24581/2014 (O.XXVI Rule 9 CPC)
  
  13. This is an application under Order XXVI Rule 9 CPC filed by the
  Plaintiff for appointment of three Local Commissioners to visit the
  premises of the Defendants at (i) Xiaomi Technology India Private
  Limtied, 8th Floor, Tower-1, Umiya Business Bay, Marathahalli-Sarjapur,
  Outer Ring Road, Bangalore, Karnataka-560103; (ii) Flipkart Internet
  Private Limited, Ozone Manay Tech Park, 56/18 and 55/09, 7th Floor,
  Garvebhavipalya, Hosur Road, Bangalore-560068, Karnataka, India and (iii)
  Flipkart Internet Private Limited, I-2/16, Ansari Road, Daryaganj, New
  Delhi-110066 to inspect and collect documents indicating import and sales
  of various infringing mobile devices (handsets, tablets etc.) and other
  infringing components from the Defendants? premises and to seal the
  infringing mobile devices (handsets, tablets, etc.) and release the same
  on superdari to the Defendants after procuring some samples to be filed
  in the Court; and further to inspect and sign the account
  books/ledgers/case books etc. of the Defendants and to take copies of the
  same to be filed in the court.
  
  14. In the circumstances of the case, I hereby appoint (i) Ms. Manjusha Wadhwa, Advocate (mobile no.9811124478), (ii) Ms.Ruchika Mittal, Advocate
  (mobile no.9811283331) and (iii) Mr. Jatin Rajput, (Mobile No.8585940015)
  as the Local Commissioners to visit the premises of Defendants as
  mentioned above.
  
  15. The fee of the Local Commissioners is fixed at Rs.1,25,000/-,
  Rs.1,25,000/- and Rs.1,00,000/- respectively which shall be borne by the
  Plaintiff apart from the air/road travel and stay at a reasonable hotel.
  
  16. In case of any resistance, the Local Commissioners shall be entitled
  to avail necessary assistance from the local police. The local police is
  directed to render all necessary assistance.
  
  17. The Local Commissioners shall submit reports within four weeks.
  
  18. The application stands disposed of.
  
  19. Dasti.
  
  
  
  
  
  
  
  
  
   G.P. MITTAL, J.
  
  DECEMBER 08, 2014
  
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