Delhi High Court - Orders
Interdigital Patent Holdings Inc & Anr vs Shenzhen Transsion Holdings Co Ltd & Ors on 26 September, 2025
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1045/2025
INTERDIGITAL PATENT HOLDINGS INC & ANR. .....Plaintiffs
Through: Mr. Pravin Anand, Ms. Vaishali R.
Mittal, Mr. Siddhant Chamola, Ms.
Pallavi Bhatnagar, Ms. Prachi
Sharma, Ms. Gitanjali Sharma & Mr.
Jitesh P. Gupta, Advocates.
Versus
SHENZHEN TRANSSION HOLDINGS CO LTD
& ORS. .....Defendants
Through: Mr. Saikrishna Rajagopal, Ms. Julien
George, Mr. Arjun Gadhoke, Mr.
Vivekayagari, Mr. Saif Rahman
Ansari, Ms. Priyam Cherian, Mr.
Devanjan Chakravarty, Mr. Sanskar
Dua & Mr. Christo Sabu, Advocates.
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 26.09.2025 IA No.24414/2025 (exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
IA No. 24413/2025 (exemption from pre-institution Mediation)
3. This is an Application filed by the Plaintiffs seeking exemption from instituting pre-litigation Mediation under Section 12A of the CC Act.
4. As the present matter contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi, 2023 SCC OnLine SC 1382, exemption from the requirement of pre- institution Mediation is granted.
CS(COMM) 1045/2025 Page 1 of 8This 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 30/09/2025 at 21:35:33
5. The Application stands disposed of.
IA No. 24416/2025 (filing confidential correspondence in a sealed cover)
6. This is an Application filed by the Plaintiffs under Order XI Rule 1(4) of the Commercial Courts Act, 2015 read with Section 151 of the CPC seeking leave to file confidential correspondence exchanged between the Parties in a sealed cover and on a password protected DVD / pen drive.
7. Considering the averments made in the present Application, the same is allowed and the Registry is directed to accept the said documents to be filed in a sealed cover. A copy of the said documents shall be provided to the Defendants in a password protected DVD / pen drive.
8. Upon the Plaintiffs filing the said documents, the Registry shall get the documents, so filed, scanned and added to the electronic file of the present case in a separate folder, which shall be password protected, as per the password provided by the Plaintiffs.
9. The Application stands disposed of.
IA No.24417/2025 (filing of voluminous electronic documents)
10. This is an Application filed by the Plaintiffs under Section 151 of the CPC for seeking leave to file voluminous electronic documents on DVD / pen drive.
11. In facts and circumstances as stated in the Application, the same is allowed. It is directed that the DVD / pen drive to be filed by the Plaintiffs shall be taken on record and an identical DVD / pen drive shall be provided to the Defendants as well.
12. Accordingly, the Application stands disposed of. IA No.24418/2025 (Extension of time to file Court Fees)
13. The present Application has been filed by the Plaintiffs under Section CS(COMM) 1045/2025 Page 2 of 8 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 30/09/2025 at 21:35:33 149 read with Section 151 of the CPC, seeking exemption from payment of Court Fees at the time of the filing of the Suit.
14. Considering the submissions made in the present Application, time of two weeks is granted to file the Court Fees.
15. The Application stands disposed of.
CS(COMM) 1045/2025
16. Let the Plaint be registered as a Suit.
17. Issue Summons. The learned Counsel for the Defendants accept Summons.
18. The Defendants shall file the Written Statement(s) within six weeks from the date. Along with the Written Statement(s), the Defendants shall also file an Affidavit(s) of Admission / Denial of the documents of the Plaintiffs, without which the Written Statement(s) shall not be taken on record.
19. Liberty is granted to the Plaintiffs to file Replication(s), if any, within three weeks from the receipt of the Written Statement(s). Along with the Replication(s) filed by the Plaintiffs, an Affidavit of Admission / Denial of the documents of Defendants be filed by the Plaintiffs, without which the Replication(s) shall not be taken on record.
20. The Parties shall file all original documents in support of their respective claims along with their respective pleadings. In case any Party is placing reliance on a document, which is not in their power and possession, its details and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.
21. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.
CS(COMM) 1045/2025 Page 3 of 8This 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 30/09/2025 at 21:35:33 List before the learned Joint Registrar on 24.11.2025 for completion of pleadings and admission and denial of documents. IA No. 24411/2025 (leave to add or amend claims)
22. In this Application filed by the Plaintiffs under Order II Rule 2 read with Section 151 of the CPC, Plaintiffs seek the following reliefs:
"a. Grant leave to the Plaintiffs to add to or amend claims as prayed for in the plaint filed in the present proceedings, including a claim for infringement of additional patents held by the Plaintiffs which are found to be infringed by the Defendants' devices at a later stage in the proceedings;
b. Grant leave to the Plaintiffs to amend their claim for infringement of patents by including additional devices manufactured and/or sold by the Defendants which are found to be infringing and/or file additional test results if so, warranted at a later stage in the proceedings;
c. Grant leave to the Plaintiffs to enhance their claim for damages at a later stage in the present proceedings; d. Grant leave to the Plaintiffs to amend the plaint, and include claims for infringement of any additional granted claim(s) of the suit Patent Nos. IN 295912; IN 313036; IN 320182; IN 319673; IN 262910, which are found to be infringed by the Defendants' devices"
23. For the reasons stated in this Application, the same is allowed with liberty as prayed for.
24. The Application stands disposed of.
IA No.24410/2025 (for pro tem security payment)
25. The Plaintiffs have filed the present Application under Section 151 of the Code of Civil Procedure, 1908 ("CPC") seeking deposit of pro tem security.
26. Issue Notice.
27. The Notice is accepted by the learned Counsel for the Defendants.
CS(COMM) 1045/2025 Page 4 of 8This 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 30/09/2025 at 21:35:33
28. Reply be filed within four weeks with copy to the Plaintiffs. Rejoinder thereto, if any, be filed within two weeks thereafter.
29. List on 25.11.2025.
IA No. 24412/2025 (discovery by interrogatories)
30. This Application has been filed by the Plaintiffs under Order XI Rule 2 of the CPC as amended by the Commercial Courts Act, 2015 ("CC Act") read with Section 151 of CPC, seeking discovery by interrogatories upon the Defendant Nos. 1 to 5.
31. For the reasons stated in this Application, the same is allowed. The following directions are issued in respect of the questions in Annexure-A to the present Application:
(i) Insofar as Interrogatory No. l (details of licenses of the Defendants and their affiliates with respect to the 3G, 4G, 5G standards) and Interrogatory No. 2(a) (duration of 6 manufacture and sale of devices by the Defendants in India) are concerned, the same shall be answered and such answers shall be provided to counsel for the Plaintiffs within Five weeks, to be filed in a sealed cover.
(ii) Insofar as Interrogatories No. 2(b) to 2(e), 3 and 4 (number of units sold and exported, revenues of sales and revenues of export by the Defendants) are concerned, the requisite details shall be placed before the Court in a sealed cover within five weeks. The Court shall decide at the appropriate stage as to whether the same is to be disclosed to the Plaintiffs or not.CS(COMM) 1045/2025 Page 5 of 8
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 30/09/2025 at 21:35:33
32. Defendant Nos. 1 to 5 individually, through their constituted attorney or authorised signatory are directed to answer to the interrogatories set out above by way of Affidavit(s) in answer within two weeks from date. Objections to answering, if any, shall be taken in the Affidavit(s) in answer. Liberty is granted to the Plaintiffs to apply, if any, further direction is required to answer any omitted interrogatories or answer further any insufficiently answered interrogatories.
33. The Application stands disposed of.
IA No. 24415/2025 (additional documents)
34. This is an Application filed by the Plaintiffs under Order XI Rule 1 (4) read with Section 151 of the CPC seeking leave to file additional documents.
35. The Plaintiffs are permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018.
36. The Application stands disposed of.
IA No.24409/2025 (u/O XXXIX R-1&2 CPC)
37. Issue Notice. The learned Counsel for the Defendants accepts Notice.
38. Plaintiff No. 1, Interdigital Patent Holdings, Inc. and Plaintiff No. 2, Interdigital Inc., have filed the present Suit against the Defendants seeking restraining the Defendants from infringing the Plaintiffs' patents and Plaintiffs' Standard Essential Patents ("SEPs"), a declaration that Plaintiffs have complied with Fair Reasonable and Non-Discriminatory ("FRAND") obligations to European Telecommunications Standards Institute ("ETSI") in India and Third Generation Partnership Project ("3GPP"), 3G, 4G and 5G standards.
CS(COMM) 1045/2025 Page 6 of 8This 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 30/09/2025 at 21:35:33
39. In this Suit, the Plaintiffs are asserting that SEPs directed to technologies incorporated into the 3G, 4G and 5G cellular standards. Through this Application, the Plaintiffs are seeking, inter alia, an order for a temporary injunction restraining the Defendants from inter alia manufacturing, selling and exporting / importing products in particular mobile phones / handsets that infringe the Plaintiff's Licensable Cellular SEPs, which include:
a. Patent No. 295912 titled "DYNAMIC RESOURCE ALLOCATION, SCHEDULING AND SIGNALLING FOR VARIABLE DATA RATE SERVICE IN LTE", b. Patent No. 313036 titled "METHOD AND SYSTEM FOR A WIRELESS TRANSMISSION/RECEIPT", c. Patent No. 320182 titled "IMPLICIT DRX CYCLE LENGTH ADJUSTMENT CONTROL IN LTE_ACTIVE MODE"
d. Patent No. 319673 titled "METHOD AND APPARATUS FOR ENHANCING DISCONTINUOUS RECEPTION IN WIRELESS COMMUNICATION SYSTEMS", and e. Patent No. 262910 titled "A METHOD FOR TRANSFERRING DATA OVER AN ENHANCED DEDICATED CHANNEL (E- DCH), A WIRELESS TRANSMIT / RECIEVE UNIT AND A BASE STATION THEREOF".
40. Let the Reply to this Application be filed within eight weeks from the date. Rejoinder thereto, if any, be filed within three weeks.
CS(COMM) 1045/2025 Page 7 of 8This 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 30/09/2025 at 21:35:33
41. List before this Court for hearing on 28.01.2026.
TEJAS KARIA, J SEPTEMBER 26, 2025 'gsr' CS(COMM) 1045/2025 Page 8 of 8 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 30/09/2025 at 21:35:33