Delhi High Court - Orders
Nokia Technologies Oy vs Guangdong Oppo Mobile ... on 10 November, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~19, 20, 23 & 24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 303/2021, CC(COMM) 12/2022, I.As.7699/2021,
7806/2022
NOKIA TECHNOLOGIES OY ..... Plaintiff
Through: Mr. Pravin Anand, Ms. Vaishali
Mittal, Mr. Siddhant Chamola, Mr.
Rohin Koolwal, Ms. Sharada
Chauhan and Ms. Pallavi Bhatnagar,
Advocates. (M: 9871736336).
versus
GUANGDONG OPPO MOBILE TELECOMMUNICATIONS CORP
LTD & ORS. ..... Defendants
Through: Mr. Saikrishna Rajagopal, Ms. Anu
Paarch, Ms. Charu Grover, Mr. Avijit
Kumar, Mr. Arjun Gadhoke, Mr.
Aniruddh Bhatia, Ms. N. Parvati, Mr.
Vivek Ayyagiri, Ms. Stuti Dhyani and
Ms. Prachi Sharma, Advocates with
Dr. Zhi Ding, expert.
(M:8943728551).
20 WITH
+ CS (COMM) 304/2021 & CC(COMM) 5/2022, I.A. 7706/2021
NOKIA TECHNOLOGIES OY ..... Plaintiff
Through: Mr. Pravin Anand, Ms. Vaishali
Mittal, Mr. Siddhant Chamola, Mr.
Rohin Koolwal, Ms. Sharada
Chauhan and Ms. Pallavi Bhatnagar,
Advocates.
versus
GUANGDONG OPPO MOBILE TELECOMMUNICATIONS
CORP., LTD. & ORS. .... Defendants
Through: Mr. Saikrishna Rajagopal, Ms. Anu
Paarch, Ms. Charu Grover, Mr. Avijit
Kumar, Mr. Arjun Gadhoke, Mr.
Aniruddh Bhatia, Ms. N. Parvati, Mr.
Vivek Ayyagiri, Ms. Stuti Dhyani and
Signature Not Verified CS (COMM) 303/2021 & connected matters Page 1 of 4
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:11.11.2022
17:45:10
Ms. Prachi Sharma, Advocates with
Dr. Zhi Ding, expert.
23 WITH
+ CS (COMM) 162/2022 & I.As. 4158/2022, I.A. 14588/2022
NOKIA TECHNOLOGIES OY ..... Plaintiff
Through: Mr. Pravin Anand, Ms. Vaishali
Mittal, Mr. Siddhant Chamola, Mr.
Rohin Koolwal, Ms. Sharada
Chauhan and Ms. Pallavi Bhatnagar,
Advocates.
versus
VIVO MOBILE COMMUNICATION CO., LTD
& ORS. ... Defendants
Through: Mr. Saikrishna Rajagopal, Ms. Anu
Paarch, Ms. Charu Grover, Mr. Avijit
Kumar, Mr. Arjun Gadhoke, Mr.
Aniruddh Bhatia, Ms. N. Parvati, Mr.
Vivek Ayyagiri, Ms. Stuti Dhyani and
Ms. Prachi Sharma, Advocates with
Dr. Zhi Ding, expert for D-1 to 3.
24 WITH
+ CS (COMM) 171/2022 & I.As. 4267/2022
NOKIA TECHNOLOGIES OY ..... Plaintiff
Through: Mr. Pravin Anand, Ms. Vaishali
Mittal, Mr. Siddhant Chamola, Mr.
Rohin Koolwal, Ms. Sharada
Chauhan and Ms. Pallavi Bhatnagar,
Advocates.
versus
VIVO MOBILE COMMUNICATION CO. LTD.
& ORS. ....Defendants
Through: Mr. Saikrishna Rajagopal, Ms. Anu
Paarch, Ms. Charu Grover, Mr. Avijit
Kumar, Mr. Arjun Gadhoke, Mr.
Aniruddh Bhatia, Ms. N. Parvati, Mr.
Vivek Ayyagiri, Ms. Stuti Dhyani and
Ms. Prachi Sharma, Advocates with
Dr. Zhi Ding, expert for D-1 to 3.
Signature Not Verified CS (COMM) 303/2021 & connected matters Page 2 of 4
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:11.11.2022
17:45:10
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 10.11.2022
1. This hearing has been done through hybrid mode.
2. These cases have been heard through hybrid mode by creating a separate link provided only to the parties and their counsels to participate in the hearing.
3. Both the ld. Counsels for the parties have taken instructions from their respective clients whether they are willing to share their respective agreements executed between them and Qualcomm.
4. On behalf of the Plaintiff Mr. Anand ld. Counsel, submits that the Plaintiff is willing to place on record its agreement with Qualcomm and is also willing to share the same with the members of a confidentiality club that may be constituted by an order of this Court.
5. On the other hand, Mr. Saikrishna, ld. Counsel submits that the instructions from his clients are that the interim applications ought to be decided on the basis of the pleadings and documents already on record and no further documents ought to be permitted to be filed. Ld. Counsel seeks to place reliance on paragraph 13 of the written statement where it is pleaded as under:
"13. However, in the event this Hon'ble Court is pleased to allow the Plaintiff to produce its third-party license agreements, the Defendants reserve the right to amend the present Written Statement and raise all the defenses available to them, should this Hon'ble Court be pleased to allow the said documents to be taken on record."Signature Not Verified CS (COMM) 303/2021 & connected matters Page 3 of 4 Digitally Signed By:DEVANSHU JOSHI Signing Date:11.11.2022 17:45:10
6. It is further submitted by Mr. Sai Krishna, ld. Counsel that the Defendant's license agreement with Qualcomm would not be relevant for the purpose of determining the issue of exhaustion. Hence it is not being produced.
7. On a query to ld counsels, as to whether if the Plaintiff's agreement with Qualcomm is permitted to be produced, and the Defendant is given an opportunity to amend its written statement, it is the stand of the ld. counsels that the hearing on the interim injunction application may not to be derailed on this account and the same may be decided on the basis of pleadings and documents already on record.
8. Today, submissions on behalf of the Defendants have been concluded by Mr. Saikrishna Rajagopal, ld. Counsel on all aspects including invalidity, non-infringement, essentiality qua the suit patents as also interim reliefs.
9. List on 11th November, 2022 for Rejoinder submissions on behalf of the Plaintiff.
10. These are part heard matters.
PRATHIBA M. SINGH, J.
NOVEMBER 10, 2022 Rahul/AM/SK Signature Not Verified CS (COMM) 303/2021 & connected matters Page 4 of 4 Digitally Signed By:DEVANSHU JOSHI Signing Date:11.11.2022 17:45:10