Delhi High Court - Orders
Largan Precision Co Ltd vs Motorola Mobility India Pvt Ltd & Ors on 31 October, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 795/2022, I.A. 18872/2022 & 18874/2022
LARGAN PRECISION CO LTD ..... Plaintiff
Through: Ms. Sneha Jain, Ms. Garima Sahney,
Ms. Priyam Lizmary Cherian, Mr.
Saif Rahman Ansari, Advs. (M.
7409531351)
Versus
MOTOROLA MOBILITY INDIA
PVT LTD & ORS. ..... Defendants
Through: Mr. Peeyoosh Kalra, Mr. Pankaj
Soni, Mr. Ankush Verma, Mr.
Tanveer Malhotra & Ms. Gurneet
Kaur, Advs. (M. 9833397587)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 31.10.2023
1. This hearing has been done through hybrid mode. CS(COMM) 795/2022 & I.A. 18872/2022 (for stay) & I.A. 18874/2022 (for interrogatories)
2. The present suit seeks permanent injunction restraining infringement qua the Indian Patent No. IN 363203 titled 'Light Blocking Sheet, Imaging Lens Module and Electronic Apparatus'.
3. The Plaintiff has filed the present application I.A. 18874/2022 under Order XI Rule 2 CPC in relation to interrogatories.
4. The Court has perused the interrogatories application and interrogatories in Annexure A filed by the Plaintiff.
5. For the purposes of hearing in the interim injunction application being I.A. 18872/2022, at this stage, the Defendant shall disclose the following:
CS(COMM) 795/2022 Page 1 of 3This 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 22:21:24
i) Which models use the imaging lens found in the Moto G31, Moto G60 and Motorola Edge 30 Pro that have been launched in India by Motorola;
ii) The party from whom the said imaging lens is being procured and the technical specifications of the said imaging lens and the light blocking sheet.
6. In I.A. 12002/2023, vide order dated 6th July 2023, it was directed as follows:
"3. This is a fresh application seeking replies to various interrogatories which the Defendants wish to put to the Plaintiff. The Court has perused the interrogatories. Broadly, they relate two aspects -
• working of the patented invention on a commercial scale and royalties earned, if any, by the patentee and • disclosure of processes used by the Plaintiff.
4. In respect of the first issue i.e., working and royalties, let the Plaintiff file a general affidavit giving the details of the working and the figures relating to commercial sale and royalty, if any, received by the Plaintiff. The information directed shall be filed in a sealed cover at the first stage.
5. Insofar as the processes are concerned, at this stage, the Court is not inclined to allow the same. If the court feels the need to call for the processes, the same can be directed at a later stage. The Defendants are also permitted to renew the prayer for disclosure of process at the time of hearing of the interim injunction application, if the need is so felt.
6. Application is disposed of."CS(COMM) 795/2022 Page 2 of 3
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 22:21:24
7. Insofar as the Defendant's interrogatory application I.A. 12002/2023 is concerned, the affidavit dated 19th September 2023 has been filed in a sealed cover of Mr. Kaoyu Hsu, who is the General Counsel of the Plaintiff, a Taiwanese company. In the said affidavit, the details of the models, and the companies which use the Plaintiff's lens has been disclosed.
8. Considering that some of the commercial details which have been disclosed could be confidential, let a fresh affidavit of Mr. Hsu be filed on record giving only the names of the companies and the model numbers in which the Plaintiff's lens has been incorporated or used. Let the said affidavit be filed within 6 weeks. The said information shall also be filed in a sealed cover.
9. A copy of the affidavit shall also be served upon the Defendant. In the said affidavit, details relating to quantity of sales, revenues, etc. need not be disclosed. The sealed cover filed by the Plaintiff shall be retained as a sealed cover.
10. List the interim injunction application I.A. 18872/2022 for hearing on 1st February, 2024.
PRATHIBA M. SINGH, J.
OCTOBER 31, 2023 Rahul/dn CS(COMM) 795/2022 Page 3 of 3 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 22:21:24