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Delhi High Court - Orders

Telefonaktiebolaget Lm Ericsson Publ vs Shenzen Transsion Holdings Co. Ltd & Ors on 3 December, 2025

Author: Manmeet Pritam Singh Arora

Bench: Manmeet Pritam Singh Arora

                          $~31
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         CS(COMM) 1285/2025, CAV                              465-468/2025               &      I.A.    30144-
                                    30157/2025

                                    TELEFONAKTIEBOLAGET LM ERICSSON PUBL                                                    .....Plaintiff
                                                                  Through:            Mr. Sandeep Sethi, Sr. Adv., Mr.
                                                                                      Jayant Mehta, Sr. Adv. with Ms. Saya
                                                                                      Choudhary Kapur, Mr. Ashutosh
                                                                                      Kumar, Mr. Vinod Chauhan, Ms.
                                                                                      Radhika Pareva, Mr. Vishwambher
                                                                                      Bareja, Mr. Krisna Gambhir, Ms.
                                                                                      Shreya Sethi and Ms. Manasvini Jain,
                                                                                      Advs.

                                                                  versus

                                    SHENZEN TRANSSION HOLDINGS CO.
                                    LTD & ORS.                                .....Defendants
                                                Through: Mr. Saikrishna Rajagopal, Ms. Julien
                                                         George, Ms. Anu Paarcha, Mr. Arjun
                                                         Gadhoke, Mr. Victor Vaibhav
                                                         Tandon, Mr. Avijit Kumar, Ms. Alka
                                                         Bisht and Mr. N. Parvati, Advs.

                          CORAM:
                          HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
                                                                  ORDER
                          %                                       03.12.2025
                          CAV 465-468/2025

1. Since the learned counsel for defendants have entered appearance, the caveat applications stand discharged.

2. Accordingly, the caveat applications stand disposed of. I.A. 30157/2025 (seeking leave to file affidavits) CS(COMM) 1285/2025 Page 1 of 7 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2025 at 21:21:28

3. This is an application filed under Section 151 of the Code of Civil Procedure, 1908 ['CPC'] seeking leave to file non-notarised and non- apostilled affidavits with plaint and application.

4. Learned counsel for the plaintiff states that the apostilled affidavit has already been filed.

5. In view of the above submission, this application is disposed of as infructuous.

I.A. 30156/2025 (seeking exemption from filing volumes of documents)

6. This is an application filed under Section 151 CPC seeking exemption from filing documents in separate volumes.

7. For the reasons stated in the application, the application is allowed and the plaintiff is permitted to file all documents in a single volume, at this stage. In case, the registry requires the documents to be segregated in different volumes, the plaintiff will act in accordance with the directions of the dealing assistant.

8. With the aforesaid directions, the application is disposed of. I.A. 30155/2025 (seeking exemption from filing translated copies)

9. This is an application filed under Section 151 CPC seeking exemption from filing translated copies of certain documents that are not in English.

10. Subject to the plaintiff filing translated copies within a period of four (4) weeks from today, exemption is granted for the present, failing which, the plaintiff will not be entitled to rely upon these documents.

11. Accordingly, the application is disposed of. I.A. 30154/2025 (seeking leave to file dim/unclear documents)

12. This is an application filed under Section 151 CPC seeking leave to CS(COMM) 1285/2025 Page 2 of 7 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2025 at 21:21:28 file dim/unclear documents, documents with inadequate margins, and documents which are not on A4 size paper.

13. Subject to the plaintiff filing clear copies of the documents within a period of 30 days from today, exemption is granted for the present, failing which, the plaintiff will not be entitled to rely upon these documents.

14. Accordingly, the application is disposed of. I.A. 30153/2025 (seeking leave to file additional documents)

15. This is an application filed under Order XI Rule 1(4) of the Commercial Courts Act, 2015 read with Section 151 of the CPC, 1908 seeking leave to file additional documents.

16. Learned senior counsel for the plaintiff states, at this stage, this relief prayed for in this application is not pressed.

17. Accordingly, this application is disposed of. I.A. 30152/2025 (seeking exemption from filing original/certified copies)

18. This is an application filed by the plaintiff under Section 151 of the CPC seeking exemption from filing original/certified copies of certain documents.

19. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.

20. The certified copies of the documents be filed within four (4) weeks.

21. With the aforesaid directions, the application stands disposed of. I.A. 30151/2025 (seeking leave to file a pen drive)

22. This is an application filed under Section 151 CPC seeking leave to CS(COMM) 1285/2025 Page 3 of 7 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2025 at 21:21:28 file a pen drive containing the electronic enclosure (testing logs).

23. For the reasons stated in the application, the application is allowed. The plaintiff will ensure that the pen drive is also served on the defendants.

24. Accordingly, the application stand disposed of. I.A. 30150/2025 (seeking leave to file non-apostilled affidavit)

25. This is an application filed under Section 151 CPC by the Plaintiff seeking leave to file non-apostilled affidavit of its technical expert.

26. Learned counsel for the plaintiff states that the apostilled affidavit has already been filed.

27. In view of the above submission, this application is disposed of as infructuous.

I.A. 30149/2025 (seeking leave to file defendants' tested device)

28. This is an application filed under Section 151 CPC by the plaintiff seeking leave to file defendants tested device as pleaded in paragraph nos. 2 and 5.

29. For the reasons stated in the application plaintiff is granted eight (8) weeks to deposit the tested devices on the terms and conditions set out in the application.

30. The application stand disposed of.

I.A. 30148/2025 (seeking leave to file a sealed cover)

31. This is an application filed by the plaintiff under Section 151 CPC seeking leave to file the correspondence exchanged between the plaintiff and the defendant no. 1 in a sealed cover.

32. For the reasons stated in the application, the application is allowed and the plaintiff is permitted to file the correspondence exchanged between CS(COMM) 1285/2025 Page 4 of 7 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2025 at 21:21:28 the parties in a sealed cover.

33. The application is disposed of.

I.A. 30145/2025 (seeking exemption from pre-institution mediation)

34. This is an application filed under Section 12A of the Commercial Courts Act, 2015 read with Section 151 CPC seeking exemption from instituting pre-litigation mediation.

35. Having regard to the facts that the present suit contemplates urgent interim relief and in light of the judgement of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi1, exemption from the requirement of pre- institution mediation is granted to the plaintiff.

36. Accordingly, the application stands disposed of. I.A. 30147/2025 (seeking leave to file comparable license agreements in a sealed cover)

37. This is an application filed by the plaintiff under Section 151 CPC for seeking leave to file copies of comparable license agreements in a sealed cover.

38. Issue notice. Ms. Julien George, learned counsel accepts notice on behalf of the defendants.

39. Reply be filed within two (2) weeks. Rejoinder thereto, if any, be filed within two (2) weeks thereafter.

I.A. 30146/2025 (seeking constitution of a confidentiality club)

40. This is an application filed by the plaintiff seeking constitution of a confidentiality club under Rule 11 of the High Court of Delhi Rules governing Patent Suits, 2022 read with Chapter VII Rule 17 of the Delhi 1 (2024) 5 SCC 815 CS(COMM) 1285/2025 Page 5 of 7 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2025 at 21:21:28 High Court (Original Side) Rules, 2018 and Section 151 CPC.

41. Issue notice. Ms. Julien George, learned counsel accepts notice on behalf of the defendants.

42. Reply be filed within two (2) weeks. Rejoinder thereto, if any, be filed within two (2) weeks thereafter.

I.A. 30144/2025 (under Order XXXIX Rules 1 and 2 CPC)

43. The present application has been preferred by the plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 CPC for grant of ad- interim injunction against the defendants.

44. Issue notice.

45. Ms. Julien George, learned counsel accepts notice on behalf of the defendants.

Relief for pro tem deposit in terms of prayer clause (iii)

46. Reply be filed by the defendants within a period of two (2) weeks from today, confined at this stage to submissions pertaining to the proposed pro tem arrangement between the parties.

47. Defendants shall also file an affidavit disclosing their unencumbered assets, moveable and immovable in India, within a period of two (2) weeks from today. Past sales figures shall be filed by the defendants in a sealed cover, within a period of two (2) weeks from today.

48. Rejoinder be filed within a period of two (2) weeks, thereafter. Relief for injunction and disclosure of information in terms of prayer clauses (i) and

(ii)

49. Reply be filed by the defendants for the relief of (i) and (ii) within thirty (30) days. Rejoinder be filed within thirty days thereafter. CS(COMM) 1285/2025 CS(COMM) 1285/2025 Page 6 of 7 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2025 at 21:21:28

50. This is a suit for permanent injunction restraining the defendants from infringing plaintiff's patents IN 304807, IN 334037, IN 416504 and IN 448689 along with damages/rendition of accounts, delivery-up, etc.

51. Let the plaint be registered as a suit.

52. Issue summons.

53. Ms. Julien George, learned counsel enters appearance on behalf of the defendants.

54. Written statement be filed by defendants within thirty (30) days from today along with affidavit of admission/denial of the documents of the plaintiff.

55. Replication thereto be filed by the plaintiff within thirty (30) days of the receipt of the written statement along with an affidavit of admission/denial of the documents filed by the defendants.

56. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

57. List before the learned Joint Registrar (J) on 06.01.2026.

58. List before the Court on 12.01.2026.

MANMEET PRITAM SINGH ARORA, J DECEMBER 3, 2025/msh CS(COMM) 1285/2025 Page 7 of 7 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2025 at 21:21:28