IN THE HIGH COURT OF DELHI AT NEW DELHI
ERICSSON(PUBL) ..... Plaintiff
Through: Mr. Neeraj Kishan Kaul, Senior
Advocate with Ms. Prathiba M. Singh,
Ms. Saya Choudhary Kapur,
Mr. Tejveer Singh Bhatia, Mr. Ashutosh
Kumar and Mr. Varun Tikmani,
MERCURY ELECTRONICS and ANR ..... Defendants
Through: Dr. Abhishek M. Singhvi and Mr Parag
Tripathi, Senior Advocates with
Mr. Saikrishna Rajagopal, Sunil Dalal,
Mr. Sanjeev Narula, Mr. J. Sai Deepak,
Mr. Rajiv K. Choudhry and Mr. Maanan
Kumar, Advocates for defendant No.2-
HON'BLE MR. JUSTICE MANMOHAN
O R D E R
I.A. 4694/2013 in CS(OS) 442/2013
Ms. Prathiba M. Singh, learned counsel accepts notice on behalf of
plaintiff. She prays for and is granted three weeks to file a reply
Rejoinder affidavit, if any, be filed before the next date of
List the matter for directions on 22nd April, 2013.
Both the parties, in the meantime, have agreed upon an interim
arrangement, without prejudice to their rights and contentions. The
interim arrangement reads as under:-
1. Ericsson and Micromax agree to negotiate a FRAND License Agreement
for the next one month, based on FRAND terms.
2. Micromax/Customs shall intimate Ericsson?s notified person or
counsel for Ericsson whenever a consignment arrives at the Customs.
Ericsson?s representative or its counsel will, without any delay and
within twenty-four hours, take inspection of the consignment.
3. Micromax shall then, pending final determination of royalties
payable by the parties, agree to abide by the following interim payments
as per term sheet enclosed with letter dated 05th November, 2012, purely
as an ad-interim arrangement and subject to the final outcome of its
negotiations with Ericsson.
A. For phones/devices capable of GSM ? 1.25% of sale price.
B. For phones/devices capable of GPRS + GSM ? 1.75% of sale price.
C. For phones/devices capable of EDGE + GPRS + GSM ? 2% of sale price.
D. WCDMA/HSPA phones/devices, calling tablets ? 2% of the sale price.
E. Dongles, data cards ? USD 2.50
Micromax undertakes to make a deposit of interim payments in Court,
as set out above, within five working days of the intimation by Customs
of the arrival of the consignment. Post inspection, Ericsson will
forthwith inform the Customs that it has no objection to the release of
the consignment so that the consignment could immediately be handed over
Both the parties agree that the royalties, if any, for the past
period will be negotiated as part of the final FRAND agreement that may
be arrived at between the parties.
3. Both parties shall endeavour to negotiate the final FRAND terms by
09th April, 2013 during which time the above arrangement shall operate.
In the event that parties are unable to arrive at FRAND terms
pursuant to negotiations, they have the option of appearing for mediation
before Mr. N.K. Anand, Advocate, B-41, Nizamuddin East, New Delhi-110013,
Customs are directed to cooperate with the parties and their
counsel for implementation of this order.
A copy of this order be served upon the Customs authorities by the
Registry of this Court as also by the learned counsel for the parties.
As a token of acceptance of this order, an authorized
representative of the plaintiff and defendant No.2 are directed to sign
the order sheet.
Order dasti under signature of the Court Master.
MARCH 19, 2013
CS(OS) 442/2013 Page 3 of 3