Delhi High Court - Orders
Atlas Global Technologies Llc vs Tp Link Technologies Co Ltd & Ors on 1 November, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 575/2023, I.A. 15689/2023, 15690/2023, 15691/2023,
15692/2023 & 15694/2023
ATLAS GLOBAL TECHNOLOGIES LLC ..... Plaintiff
Through: Mr. Pravin Anand, Ms. Vaishali
Mittal, Mr. Siddhant Chamola, Ms.
Pallavi Bhatnagar & Ms. Gitanjali
Sharma, Advocates.
versus
TP LINK TECHNOLOGIES CO LTD & ORS. ..... Defendants
Through: Mr. Sanjeev Kumar Tiwari, Mr.
Shatadal Ghosh, and Ms. Sarah
Haque Advs. (M. 7042079908)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 01.11.2023
1. This hearing has been done through hybrid mode. I.A. 15694/2023 (for exemption)
2. This is an application seeking exemption from filing dim documents, vernacular language documents and certified English translation, etc. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act and the DHC (Original Side) Rules, 2018.
3. Exemption is allowed, subject to all just exceptions. Accordingly, application is disposed of.
I.A. 15690/2023 (for deposit of pro-tem security)
4. The present application is disposed of in terms of the order dated 13th October, 2023.
CS(COMM) 575/2023 Page 1 of 5This 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 03/11/2023 at 23:39:20 I.A. 15691/2023 (for interrogatories)
5. Issue notice.
6. Let a reply to the application be filed by the Defendants within a period of four weeks. Let rejoinder be filed within two weeks, thereafter.
7. List before the Joint Registrar on 13th December, 2023 for completion of pleadings.
8. List on 8th February, 2024.
I.A. 15692/2023 (u/O II Rule 2 CPC)
9. Issue notice.
10. Let a reply be filed to the application within a period of four weeks. Let rejoinder be filed within two weeks, thereafter.
11. List before the Joint Registrar for completion of pleadings on 13th December, 2023.
12. List on 8th February, 2024.
CS(COMM) 575/2023 & I.A. 15689/2023
13. The present suit has been filed by the Plaintiff - Atlas Global Technologies LLC claiming rights in the following two patents:
i. IN419323 titled 'System and Method for Synchronization of OFDMA transmission'.
ii. IN427595 titled 'Apparatus and Methods for TXOP duration Field in PHY Header'.
14. Following the decisions of the Division Bench of this Court in Intex Technologies India v Telefonaktiebolaget LM Ericsson, 2023:DHC:2243- DB and Nokia Technologies OY v. Guangdong Oppo, 2023:DHC:4465- DB, vide order dated 28th August 2023, Defendant No. 4 was directed to CS(COMM) 575/2023 Page 2 of 5 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 03/11/2023 at 23:39:20 make a pro-tem deposit with the Registrar General of this Court to secure the interests of the Plaintiff. Subsequently, this order was modified by order dated 13th October, 2023. The relevant extract of order dated 13th October, 2023 is set out below:
"6. The mediation proceedings have failed. The Defendant No. 4 has now moved an application seeking modification of the amount to be deposited vide order dated 28th August 2023, on the basis of a certificate filed by a Chartered Accountant. The Defendants place reliance on the said certificate to argue that only 1,94,977 devices which were WiFi 6 standard compliant have been sold by the Defendants.
7. Mr. Tiwari, ld. Counsel submits that he now represents even the Chinese entities viz., Defendant Nos. 1-3. He further submits that he would be willing to file an affidavit to the effect that only Defendant No. 4 i.e. the Indian Company alone imports/manufactures and sells WiFi 6 compliant devices in India and the Chinese companies do not export to India or sell directly in India through any other entities.
8. The court has perused the Chartered Accountant certificate as also the affidavit on behalf of the Plaintiff where the various offers and counter- offers are specified. Accordingly the following directions are issued at this stage purely as an interim arrangement:
· An affidavit duly supported by Board Resolutions shall be filed by all the Defendants that only Defendant No. 4 i.e. the Indian Company alone imports/manufactures and sells WiFi 6 compliant devices in India and the Chinese companies do not export to India or sell directly in India through any other entities;
· Subject to the said affidavit being filed, the amount to be deposited before this Court by the Defendants is being modified to a lump sum of Rs.CS(COMM) 575/2023 Page 3 of 5
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 03/11/2023 at 23:39:20 50,00,000/- with the worthy Registrar General by 1st November, 2023, · Failure to deposit the amount or filing of affidavits, shall result in the injunction order as directed in paragraph 42 of the dated 28 th August, 2023 to come into operation.
The above is merely an interim arrangement subject to further orders that may be passed after pleadings are completed. Application I.A. 18699/2023 is disposed of. Contentions of all parties are left open. The above deposit shall be without prejudice to the rights and contentions of the parties."
15. Today, at the outset, Mr. Tiwari, ld. Counsel submits that Defendant No.3 TP-Link International Ltd. has now been renamed as TP-Link Corporation Ltd., which is the Defendant No.2 in the present case. The certificate of name change has been handed over to the Court. Let the same be filed on record.
16. Accordingly, Defendant No.3 shall be treated as deleted from the array of parties.
17. Mr. Tiwari, ld. Counsel for all the Defendants submits that he has filed the vakalatnama on behalf of all the Defendants and the sum of Rs.50 lakhs as directed by order dated 13th October, 2023 has also been deposited.
18. Let the said amount be maintained in a fixed deposit on an auto renewal mode in the worthy Registrar General's account.
19. The Defendants are also stated to have filed affidavits in terms of order dated 13th October, 2023. However, the affidavits are not on record. Let the same be brought on record.
20. In the meantime, let the Defendants file an account of sales of Wi-Fi 6 compliant devices sold by the Defendants till 31st January, 2024 so that the CS(COMM) 575/2023 Page 4 of 5 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 03/11/2023 at 23:39:21 same can be considered on the next date.
21. List before the Joint Registrar for completion of pleadings on 13th December, 2023.
22. List before the Court on 8th February, 2024.
PRATHIBA M. SINGH, J.
NOVEMBER 01, 2023 Rahul/am CS(COMM) 575/2023 Page 5 of 5 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 03/11/2023 at 23:39:21