In The High Court of Delhi at New Delhi

$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 502/2020, I.As. 10600/2020, 10713/2020, 10714/2020,
10716/2020, 10717/2020, 10718/2020, 10719/2020
KONINKLIJKE PHILIPS N.V. ..... Plaintiff

Through: Mr.C.M. Lall, Sr. Adv. with
Mr.Ashutosh Kumar and
Mr.Devanshu Khanna, Advs.
versus
XIAOMI INC & ORS. ..... Defendants

Through: Mr.Ravi Sharma, Mr.Amitavo Mitra,
Mr.Arjun Gadhoke, and Mr.Aniruddh
Bhatia, Advs.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 27.11.2020
This matter is being heard through video-conferencing.

I.A.10713/2020
1. This application has been filed by the plaintiff with the following
prayers:
“a. Grant the Plaintiff extension of 8 weeks for filing
original executed and notarized affidavits of Mr. Lincoln
Sampaio Lobo (based out of the Netherlands) and Mr. Gildas
Bossard (based out of Singapore) including annexures;
b. Exempt the Plaintiff to physically file original certified

copies of the executed and notarized copies of the affidavits of
Mr. Lincoln Sampaio Lobo (based out of Netherlands) and Mr.
Gildas Bossard (based out of Singapore), including all
annexures, till such time the physical filing of documents is
resumed in the Delhi High Court;
c. Pass any other order/s that the Hon’ble Court may deem
fit and appropriate in the interest of justice of equity.”
2. The time to file the original executed/notarized affidavits of

Mr.Lincoln Sampaio Lobo and Mr.Gildas Bossard including annexures is
granted and the same be filed within two weeks. The Plaintiff is also
exempted from physically filing original certified copies of the executed
and notarized copies of the affidavits of Mr.Lincoln Sampaio Lobo and
Mr.Gildas Bossard, including all annexures till the physical filing of
documents is resumed.
3. The application is disposed of.
I.A.10714/2020
1. This is an application under Order XI Rule 1(4) of the Commercial
Courts Act, 2015 read with Section 151 of CPC for filing additional
documents.
2. The same be filed within 30 days. The application is disposed of.
I.A.10716/2020
1. This application has been filed by plaintiff for seeking extension of
time in filing defendants’ infringing handset devices tested by the plaintiff
along with certain other documents. The plaintiff is granted four weeks to
file on record the defendants’ infringing handset devices tested by the
plaintiff along with documents.
I.A.10719/2020
1. This application has been filed by the plaintiff seeking leave to file
correspondence exchanged between the plaintiff and the defendants in a
sealed cover.
2. The plaintiff is granted liberty to file correspondence exchanged
between the plaintiff and the defendants in a sealed cover within four weeks.
4. The Registry shall ensure that the documents continue to remain in
the sealed cover.
I.A. 10600/2020
1. This application has been filed by the plaintiff under Order XXXIX
Rules 1 and 2 read with Section 151 of CPC with the following prayers:
“68. In view of the submissions made hereinabove, it is most
humbly prayed that:
i. An ex-parte, ad-interim injunction be passed in favour of

the Plaintiff and against the Defendants, their affiliates,
subsidiaries, officers, Directors, Agents, Distributors and
Customers restraining them from manufacturing/assembling,
importing, selling, offering for sale, advertising including
through their and third party websites, mobile phones including
the models mentioned in paragraph 35 of the present
application and any future or other devices or models, that
include UMTS enhancement (HSPA, HSPA+) and LTE
technologies and result in infringement of any of the suit
patents being IN 275419, IN 271469, IN and 228133;
ii. An ad-interim order of injunction be granted directing

the Central Board of Excise and Customs to issue appropriate
instructions to custom authorities at every port including
airports in India not to allow the import of mobile handsets,
including the models specified in paragraph 35 of this 73
application, by the Defendants or their agents/affiliates/sister
concerns/subsidiaries that include UMTS enhancement (HSPA,
HSPA+) or LTE technologies and result in infringement of any
of the suit patents being IN 275419, IN 271469, and IN
228133;
iii. Appropriate directions be passed against the Defendants

for filing an affidavit of their director or other person, on behalf
of the Defendants duly authorized by a specific resolution of its
Board of Directors, disclosing the following information during
the pendency of the suit:
a. Quantum of mobile phones and any other devices sold
till date that are UMTS, HSPA, HSPA+ or LTE
compliant thereby rendering them infringing in nature;
b. Revenue earned from the sale of such devices for
every quarter;
iv. In the alternative, pass an appropriate pro-tem

order/interim arrangement during the pendency of the interim
injunction application safeguarding the Plaintiff’s rights and
interest and secure recovery of amounts for past infringing
activities of the Defendant;
v. Any further orders that this Hon’ble Court may deem fit
in interest of justice and equity be passed in favor of Plaintiff
and against the Defendant.”
2. Notice. Mr.Ravi Sharma, Advocate, accepts notice for the defendants.

I take on record the submission made by Mr.Sharma that till the next date of
hearing the defendants shall maintain in their bank accounts operated in
India an amount of Rs.1000 crores. The said statement is taken on record .It
is made clear that the defendants are bound by the statement given by their
counsel.
3. The defendants shall file the details of the bank accounts operated in
India where the amount of Rs.1000 crores is being maintainted, on or before
December 02, 2020.
4. Reply be filed within four weeks. Rejoinder thereto, if any, be filed
within two weeks thereafter.
5. List the matter for hearing on January 18, 2021.
CS(COMM) 502/2020
1. Summons are issued to the defendants. Mr.Ravi Sharma, Advocate,
receives summons for the defendants.
2. Summons shall state that the written statement shall be filed by the
defendants within 30 days from the date of receipt of summons. The
defendants shall file their affidavit of admission and denial of documents
filed by the plaintiff. Replication shall be filed within 30 days of the receipt
of the, written statement / documents. The replication shall be accompanied
by the affidavit of admission denial of documents filed on behalf of the
defendants.
3. If any of the parties wish to seek inspection of any documents, the
same shall be sought and given within the time lines.
4. List before the Joint Register on March 01, 2021.
V. KAMESWAR RAO, J
NOVEMBER 27, 2020/bh

In The High Court of Delhi at New Delhi

Uploaded by

Copyright:

Available Formats

In The High Court of Delhi at New Delhi

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

In The High Court of Delhi at New Delhi

Uploaded by

Copyright:

Available Formats

$~16

* IN THE HIGH COURT OF DELHI AT NEW DELHI

KONINKLIJKE PHILIPS N.V. ..... Plaintiff

XIAOMI INC & ORS. ..... Defendants

This matter is being heard through video-conferencing.

b. Exempt the Plaintiff to physically file original certified

2. The time to file the original executed/notarized affidavits of

i. An ex-parte, ad-interim injunction be passed in favour of

ii. An ad-interim order of injunction be granted directing

iii. Appropriate directions be passed against the Defendants

iv. In the alternative, pass an appropriate pro-tem

2. Notice. Mr.Ravi Sharma, Advocate, accepts notice for the defendants.

You might also like