Delhi High Court - Orders
Nokia Technologies Oy vs Guangdong Oppo Mobile ... on 9 November, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~16 to 19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 303/2021, CC(COMM) 12/2022, I.As.7699/2021,
7806/2022
NOKIA TECHNOLOGIES OY ..... Plaintiff
Through: Mr. Pravin Anand, Ms. Vaishali
Mittal, Mr. Siddhant Chamola, Mr.
Rohin Koolwal, Ms. Sharada
Chauhan and Ms. Pallavi Bhatnagar,
Advocates. (M: 9871736336).
versus
GUANGDONG OPPO MOBILE TELECOMMUNICATIONS CORP
LTD & ORS. ..... Defendants
Through: Mr. Saikrishna Rajagopal, Ms. Anu
Paarch, Ms. Charu Grover, Mr. Avijit
Kumar, Mr. Arjun Gadhoke, Mr.
Aniruddh Bhatia, Ms. N. Parvati, Mr.
Vivek Ayyagiri, Ms. Stuti Dhyani and
Ms. Prachi Sharma, Advocates with
Dr. Zhi Ding, expert.
(M:8943728551).
17 WITH
+ CS (COMM) 304/2021 & CC(COMM) 5/2022, I.A. 7706/2021
NOKIA TECHNOLOGIES OY ..... Plaintiff
Through: Mr. Pravin Anand, Ms. Vaishali
Mittal, Mr. Siddhant Chamola, Mr.
Rohin Koolwal, Ms. Sharada
Chauhan and Ms. Pallavi Bhatnagar,
Advocates.
versus
GUANGDONG OPPO MOBILE TELECOMMUNICATIONS
CORP., LTD. & ORS. .... Defendants
Through: Mr. Saikrishna Rajagopal, Ms. Anu
Paarch, Ms. Charu Grover, Mr. Avijit
Kumar, Mr. Arjun Gadhoke, Mr.
Aniruddh Bhatia, Ms. N. Parvati, Mr.
Vivek Ayyagiri, Ms. Stuti Dhyani and
Signature Not Verified CS (COMM) 303/2021 & connected matters Page 1 of 4
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:10.11.2022
17:58:27
Ms. Prachi Sharma, Advocates with
Dr. Zhi Ding, expert.
18 WITH
+ CS (COMM) 162/2022 & I.As. 4158/2022, I.A. 14588/2022
NOKIA TECHNOLOGIES OY ..... Plaintiff
Through: Mr. Pravin Anand, Ms. Vaishali
Mittal, Mr. Siddhant Chamola, Mr.
Rohin Koolwal, Ms. Sharada
Chauhan and Ms. Pallavi Bhatnagar,
Advocates.
versus
VIVO MOBILE COMMUNICATION CO., LTD
& ORS. ... Defendants
Through: Mr. Saikrishna Rajagopal, Ms. Anu
Paarch, Ms. Charu Grover, Mr. Avijit
Kumar, Mr. Arjun Gadhoke, Mr.
Aniruddh Bhatia, Ms. N. Parvati, Mr.
Vivek Ayyagiri, Ms. Stuti Dhyani and
Ms. Prachi Sharma, Advocates with
Dr. Zhi Ding, expert for D-1 to 3.
19 WITH
+ CS (COMM) 171/2022 & I.As. 4267/2022
NOKIA TECHNOLOGIES OY ..... Plaintiff
Through: Mr. Pravin Anand, Ms. Vaishali
Mittal, Mr. Siddhant Chamola, Mr.
Rohin Koolwal, Ms. Sharada
Chauhan and Ms. Pallavi Bhatnagar,
Advocates.
versus
VIVO MOBILE COMMUNICATION CO. LTD.
& ORS. ....Defendants
Through: Mr. Saikrishna Rajagopal, Ms. Anu
Paarch, Ms. Charu Grover, Mr. Avijit
Kumar, Mr. Arjun Gadhoke, Mr.
Aniruddh Bhatia, Ms. N. Parvati, Mr.
Vivek Ayyagiri, Ms. Stuti Dhyani and
Ms. Prachi Sharma, Advocates with
Dr. Zhi Ding, expert for D-1 to 3.
Signature Not Verified CS (COMM) 303/2021 & connected matters Page 2 of 4
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:10.11.2022
17:58:27
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 09.11.2022
1. This hearing has been done through hybrid mode.
2. These cases have been heard through hybrid mode by creating a separate link provided only to the parties and their counsels to participate in the hearing.
3. One of the without prejudice submissions made by Mr. Saikrishna, ld. Counsel for the Defendants is on the aspect of exhaustion in respect of those devices which use Qualcomm chipsets as also those devices which operate on the Android platform.
4. Ld. Counsel for the Defendants relies upon the press release issued by Qualcomm dated 25th July, 2008 to argue that NOKIA has agreed not to assert any of its patents against Qualcomm. Mr. Saikrishna, ld. Counsel submits that despite being put to notice, the agreement between the Plaintiffs with Qualcomm has not been furnished and hence, adverse inference ought to be drawn against the Plaintiffs.
5. Mr. Anand, ld. Counsel for the Plaintiffs, on the other hand, relies upon his rejoinder, to argue that the said agreement is confidential and upon directions from the Court, the same can be produced.
6. This Court has heard the submissions on exhaustion on behalf of the Defendants and some submissions on behalf of the Plaintiff. The press release as also the rejoinder to the reply to the injunction application have been pursued.
7. The submission of exhaustion which has been raised by the Defendants, is based on the reasoning that they claim to have legitimately Signature Not Verified CS (COMM) 303/2021 & connected matters Page 3 of 4 Digitally Signed By:DEVANSHU JOSHI Signing Date:10.11.2022 17:58:27 purchased chipsets for their devices from Qualcomm within which the patented technology resides. It is further asserted that the press release makes it evident that there is an agreement between NOKIA and Qualcomm for the use of patents.
8. Since the hearings in this injunction application are at advanced stage, both counsels for the parties may seek instructions from their respective clients as to whether if a confidentiality club is constituted, they both are willing to exchange their respective agreements with Qualcomm.
9. Such an order would be passed only upon consent being given by both the parties, as this Court is of the opinion that permission to produce fresh documents at this stage ought not to be given, considering the advanced stage of the hearing in the interim applications.
10. List on 10th November, 2022, the date already fixed.
11. These are part heard matters.
PRATHIBA M. SINGH, J.
NOVEMBER 9, 2022/dk/sk/am Signature Not Verified CS (COMM) 303/2021 & connected matters Page 4 of 4 Digitally Signed By:DEVANSHU JOSHI Signing Date:10.11.2022 17:58:27