Delhi High Court - Orders
Atlas Global Technologies Llc vs Tp Link Technologies Co Ltd & Ors on 10 May, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 575/2023 & CC(COMM) 6/2024
ATLAS GLOBAL TECHNOLOGIES LLC ..... Plaintiff
Through: Mr. Pravin Anand, Ms. Vaishali
Mittal, Mr. Siddhant Chamola, Ms.
Pallavi Bhatnagar and Ms. Gitanjali
Sharma, Advocates.
versus
TP LINK TECHNOLOGIES CO LTD & ORS. ..... Defendants
Through: Mr. Sanjeev Kumar Tiwari,
Mr. Shatadal Ghosh, Ms. Sarah
Haque and Mr. Pramod Kumar,
Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 10.05.2024 I.A. 1415/2024 (seeking condonation of delay)
1. The aforenoted application has been allowed on 19th January, 2024. Accordingly, the Registry is directed not to reflect the same in the cause list.
I.A. 15692/2023 (under Order II Rule 2 read with Section 151 of the Code of Civil Procedure, 1908 "CPC".)
2. Through this application, the Plaintiff seeks to add or amend claims in respect of additional patents or new devices or enhanced damages, which are not subject matter of the present pleadings. Mr. Sanjeev Kumar Tiwari, counsel for the Defendants, states that he has no objection to the present application. However, he states that as and when the Plaintiff were to avail 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 14/05/2024 at 01:13:11 of such a liberty, the Defendants should be afforded an opportunity to contest the same.
3. In light of the above, the Plaintiff is granted liberty to avail such a remedy, in accordance with law with respect to any additional patents or devices or claims or damages.
4. The application is disposed of in the above terms. I.A. 637/2024 (for filing confidential documents with electronic encryption and password protection.)
5. Through this application, Plaintiff seeks to place on record the unredacted version of the replication and rejoinder in a sealed cover. Mr. Tiwari states that they have already received the unredacted version of the said documents and has no objection to the prayer made in the instant application.
6. The application is accordingly allowed, and the Plaintiff is permitted to file the replication and rejoinder in a sealed cover with the Registry. 15691/2023 (seeking discovery by interrogatories)
7. Mr. Pravin Anand, counsel for the Plaintiff, limits his prayer to; (i) response to the interrogatory No. 1 and (ii) direction to the Defendants to furnish the details of the sales in terms of paragraph No. 20 of order dated 1st November, 2023 on quarterly basis.
8. The Plaintiff's case is based on Standard Essential Patents ('SEPs') which are allegedly being infringed by the Defendants, as there is no license in respect of such technology which is found on their devices. In this regard, the Plaintiff therefore seeks directions to the Defendants to disclose if they have secured any license in relation to the patents which are WiFi-6 and/ or IEEE802.1 lax standards. Counsel for the Defendants states that response to 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 14/05/2024 at 01:13:11 such queries is not relevant for the purpose of response to the interrogatory No. 1.
9. However, in this regard, Mr Anand places reliance on High Court of Delhi Rules governing Patent Suits, 2022, wherein Rule 3B(xi) requires the Defendant to disclose the details of any licenses and cross-licenses entered into by the Defendants which are relevant to the alleged infringing products.
10. In view of the above, the Court finds merit in Mr. Anand's contention and accordingly directs the Defendants to give response to interrogatory No. 1
11. As regards the request for furnishing the sales figures is concerned, counsel for the Defendant has no objection. Accordingly, it is directed that Defendant shall furnish the details of the sales in terms of paragraph No. 20 of order dated 1st November, 2023 on quarterly basis.
12. The application is disposed of in the above terms. I.A. 15689/2023 (under order XXXIX Rules 1 and 2, read with Section 151 of the Code of Civil Procedure, 1908)
13. Pleadings are complete. Parties are directed to file brief note of submissions, not exceeding three pages, along with relevant case laws.
14. List on 25th July, 2024.
SANJEEV NARULA, J MAY 10, 2024 nk 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 14/05/2024 at 01:13:12