Delhi High Court - Orders
Voiceage Evs Llc vs Guangdong Oppo Mobile ... on 19 May, 2025
$~2 (Original Side)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 306/2023 & I.A. 12634/2025
VOICEAGE EVS LLC .....Plaintiff
Through: Mr. Siddhant Chamola, Ms. Prachi
Sharma, Ms. Pallavi Bhatnagar,
Advocates (M:7076607792)
versus
GUANGDONG OPPO MOBILE TELECOMMUNICATIONS CORP
LTD & ORS. .....Defendants
Through: Mr. Abhay Tandon, Mr. Rishabh
Paliwal, Mr. Siddhant Sharma,
Advocates
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 19.05.2025 I.A. 12634/2025 (Application under Order XI Rule 1(10) read with Section 151 CPC)
1. The present application has been filed on behalf of the defendants for filing additional documents.
2. In the application, it is stated that the plaintiff has filed two test reports, along with the plaint, namely, test report by Dr. Thomas Hell and Dr. Rudolf Reichold dated 08th May, 2023, and another test report by Dr. Keneth Zeger, to support its claim that the defendants' mobile devices allegedly infringe the suit patents. However, the said test reports, as filed by the plaintiff, are incorrect and inconclusive, as the testing of the defendants' mobile devices has been carried out by the plaintiff in Germany, with German telecom carrier SIM cards.
This is a digitally signed order.
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3. As per the application, the said test reports do not, in any way, demonstrate that the defendants' mobile devices are using Enhanced Voice Services ("EVS") technology.
4. As per the application, the defendants have conducted proper testing of the defendants' mobile devices in India, using Indian telecom carriers to test whether the defendants' mobile devices support EVS codec voice calls in an Indian telecom carrier, by capturing voice call logs and analyzing codec signaling.
5. It is stated in the application that a representative device, OPPO A57, was randomly selected and tested on the Airtel network, which is a major telecom service provider in India. The test results confirm that EVS technology is not implemented in OPPO A57 in India, in Airtel telecom carrier.
6. Thus, as per the present application, the defendants now seek to place on record the affidavit of Mr. Gandham Sridhar dated 30th April, 2025, along with a copy of the test report dated 14th February, 2025.
7. It is stated in the application that the additional documents were not in the power, possession, control, or custody of the defendants, since the test report was generated only in the month of February, 2025, and the affidavit was prepared later.
8. Thus, the present application has been filed to take on record the affidavit of Mr. Gandham Sridhar dated 30th April, 2025, along with test report dated 20th February, 2025.
9. Issue notice. Notice is accepted by learned counsel for the plaintiff.
10. Ms. Prachi Sharma, learned counsel for the plaintiff, on instructions, submits that the plaintiff has no objection if the present application is 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 29/06/2025 at 20:20:58 allowed.
11. Accordingly, with the consent of the parties, the present application of the defendants is allowed. The documents, as filed along with the present application, are taken on record.
12. With the aforesaid directions, the present application is accordingly disposed of.
MINI PUSHKARNA, J MAY 19, 2025 au 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 29/06/2025 at 20:20:58