Delhi High Court - Orders
Ax Wireless Llc vs Xiaomi Corporation & Ors on 13 May, 2025
$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 462/2025
AX WIRELESS LLC .....Plaintiff
Through: Mr. Pravin Anand, Ms. Vaishali R.
Mittal, Mr. Siddhant Chamola, Ms.
Pallavi Bhatnagar, Ms. Gitanjali
Sharma and Mr. Jitesh Prakash
Gupta, Advocates.
versus
XIAOMI CORPORATION & ORS. .....Defendants
Through: Mr. Saikrishna Rajagopal, Ms.
Julien George, Mr. Avijit Kumar,
Ms. N. Paruati, Ms. Subhorshree
and Ms. Alka Bisht, Advocates.
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 13.05.2025 I.A. 12008/2025-Grant the plaintiff a period of 7 days for depositing the Court fee
1. Vide the present application, under Section 151 of the Code of Civil Procedure, 1908 (CPC), the plaintiff seeks a week's time for filing the requisite Court fee.
2. The application is, for the reasons stated therein, allowed and appellant is granted time of one week to file the requisite Court fee.
3. Accordingly, the application stands disposed of. I.A. 12005/2025-Exemption
4. Exemption allowed, subject to all just exceptions.
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 30/06/2025 at 01:22:18
5. The application stands disposed of.
I.A. 12003/2025-Under Order II Rule 2 of CPC
6. By virtue of the present application under Order II Rule 2 of the CPC, the plaintiff seeks the following reliefs:
a. Grant leave to the Plaintiff 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 Plaintiff which are found to be infringed by the Defendants' devices at a later stage in the proceedings;
b. Grant leave to the Plaintiff to amend its claim for infringement of patents by including any additional or particular device(s) manufactured and/or sold by the Defendants which are found to be infringing at a later stage in the proceedings;
c. Grant leave to the Plaintiff to enhance its claim for damages at a later stage in the present proceedings;
d. Grant leave to the Plaintiff to add or amend the reliefs sought in the present suit at a later stage in the present proceedings;
e. Grant leave to the Plaintiff to amend the plaint, and include claims for infringement of any additional granted claim(s) of the suit patents IN 471974 and IN 504232 which are found to be infringed by the Defendants' devices;"
7. For the reasons stated in the present application, the same is allowed with liberty as prayed for.
8. The application stands disposed of.
I.A. 12004/2025-Seeking leave to file additional documents
9. The plaintiff vide the present application under Order XI rule 1(4) of the CPC, seeks time to file additional documents within thirty days.
10. For the reasons stated in the present application, the same is allowed and the plaintiff is granted liberty to file additional documents within thirty days, albeit, strictly as per the provisions of the CPC, the 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 30/06/2025 at 01:22:18 Commercial Courts Act. 2015 and Delhi High Court (Original Side) Rules, 2018.
11. Accordingly, the present application is allowed and disposed of. I.A. 12006/2025-For filing confidential documents physically in a sealed cover and separately with electronic encryption and password protection
12. Vide the present application, under Section 151 of the CPC, the plaintiff seeks the following reliefs:-
"a. Direct the Plaintiff to make available to this Hon'ble Court and the Defendants confidential documents specified in paragraph 4 of this application, in accordance with the terms specified in paragraph 6 of this application.
b. Direct that persons having access to the said documents, shall maintain their confidentiality in accordance with the terms specified in paragraph 6 of this application.
c. Direct that all hearings with respect to the abovementioned confidential documents be conducted in camera and only the parties' advocates and representatives be allowed to remain present for such hearings."
13. Considering the averments made in the present application and the factual matrix involved, the same is allowed and the plaintiff is granted liberty to approach the Registry for getting the said documents filed in a sealed cover.
14. Upon the plaintiff taking appropriate steps as above, 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 plaintiff.
15. Accordingly, the present application stands disposed of 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 30/06/2025 at 01:22:18 I.A. 12007/2025-Seeking leave to file certain documents on a compact disk (CD)/ pen drive
16. By virtue of the present application under Section 151 of the CPC, the plaintiff seeks leave to file certain documents on a Compact Disc/ Pen Drive
17. In terms of Rule 24 of Chapter XI of the Delhi High Court (Original Side) Rules 2018, let the electronic record by way of an encrypted CD/ DVD/ Medium with a hash value in a non-edited form be filed before the Registry within a period of four weeks.
18. Let the same accordingly form a part of the record of the present suit by way of an electronic folder in such a manner that it can be opened to view by this Court as and when required. Also let the hash value be kept separately by the Registry on the file.
19. Accordingly, the present application stands disposed of CS (COMM) 462/2025
20. The plaintiff, vide the present plaint seeks grant of permanent injunction restraining the defendants from infringing its rights vested in registered patent numbers IN 471974 and IN 504232 and a declaration that the plaintiff has complied with its FRAND obligations in respect of its Standard Essential Patents.
21. Let the plaint be registered as a suit.
22. Issue summons.
23. Learned counsel for the defendants appearing on advance service accepts summons.
24. The written statement(s) shall be filed by each of the defendants within a period of thirty days from today. Written statement(s) shall be 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 30/06/2025 at 01:22:18 accompanied by affidavit(s) of admission/ denial of documents of the plaintiff, without which the written statement(s) shall not be taken on record.
25. Replication(s) thereto, if any, be filed by the plaintiff within a period of fifteen days from the date of receipt of written statement(s). The said replication(s), if any, shall be accompanied by with affidavit(s) of admission/ denial of documents filed by the defendants, without which the replication(s) shall not be taken on record within the aforesaid period of fifteen days.
26. If, and when, any of the parties wish to seek inspection of any document(s), the same shall be sought and given within the requisite timelines.
27. List before the learned Joint Registrar for marking exhibits of documents on 04.08.2025. It is made clear that if any party unjustifiably denies any document(s), then it would be liable to be burdened with costs. I.A. 12000/2025-Stay
28. Vide the present application under Order XXXIX Rule 1 and 2 of the CPC, the plaintiff seeks grant of interim relief against the defendants.
29. At the outset, learned counsel for the plaintiff submits that by way of prayer (iii) in the present application the plaintiff has sought to restrain the defendants and its affiliates from seeking and/ or enforcing an Anti- Suit Injunction, or any other order, from any foreign Court which seeks to restrain the plaintiff from pursuing the present suit.
30. Issue notice.
31. Learned counsel appearing for the defendants appearing on advance service, accepts notice. He seeks and is granted four weeks to file 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 30/06/2025 at 01:22:18 reply(ies).
32. Rejoinder(s) thereto, it any, be filed within a period of two weeks thereafter.
33. At this stage, learned counsel for the defendants fairly submits that there are no proceedings inter se the parties in any jurisdiction across the world with respect to the suit patents i.e., IN 471974 and IN 504232.
34. In view of the above submission, it is clarified that this Court being the Court of first instance will take precedence over any other subsequent legal proceedings instituted by the defendants in any foreign Court.
35. Renotify before the Court on 25.07.2025.
I.A. 12001/2025-Seeking deposit of pro term security & I.A. 12002/2025-Seeking discovery by interrogatories
36. Issue notice.
37. Learned counsel appearing for the defendants on advance service accepts notice. He seeks and is granted four weeks to file reply(ies).
38. Rejoinder(s) thereto, it any, be filed within a period of two weeks thereafter.
39. Re-notify before the Court on 25.07.2025.
SAURABH BANERJEE, J MAY 13, 2025 NA 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 30/06/2025 at 01:22:18