Delhi High Court - Orders
Dolby Laboratories Licensing ... vs Hmd Global Oy & Ors on 8 July, 2025
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 246/2025, I.A. 7284/2025
DOLBY LABORATORIES LICENSING CORPORATION
& ORS. .....Plaintiffs
Through: Mr. Chander M. Lall, Sr. Adv. with
Ms. Saya Choudhary Kapur, Mr.
Vinod Chauhan, Ms. Radhika
Pareva and Mr. Adithya B., Advs.
versus
HMD GLOBAL OY & ORS. .....Defendants
Through: Mr. Sandeep Sethi, Sr. Adv. with
Sagar Chandra, Ms. Shubhie Wahi
and Ms. Ankita Sethi, Advs. for
defendants.
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 08.07.2025 I.A. 7288/2025-For appointment of Local Commissioner
1. Learned counsel for the plaintiffs seek leave to withdraw the present application.
2. Accordingly, the present application stands dismissed as withdrawn. I.A.15683/2025-Order 12 Rule 6 of CPC by Defendant nos. 1 & 2
3. By virtue of the present application, the defendant nos.1 and 2 seek dismissal of the present suit, costs thereof as also other ancillary relief(s).
4. Learned senior counsel for the defendant nos.1 and 2 seeks dismissal of the present since the plaintiffs have concealed from this Court CS(COMM) 246/2025 Page 1 of 6 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 10/07/2025 at 21:44:20 that they have given a 'Declaration' before the Standard Setting Organization (SSO) on 30.07.2015 qua the suit patents involved herein that they are not Standard Essential Patents (SEPs) and, further, since the plaintiffs cannot charge any licensing fee qua the said suit patents against the defendant nos.1 and 2 after the said 'Declaration'.
5. Issue notice.
6. Learned counsel for the plaintiffs accepts notice.
7. Learned senior counsel for the plaintiffs, upon instructions, submits that the present application has been filed only to buy time and also that the averments made therein are, in fact, contrary to those pleaded by the defendant nos.1 and 2 in their response to I.A. 7278/2025.
8. At this stage, learned senior counsels for the parties seek, and are granted, a period of two weeks for filing their respective written synopsis not exceeding three pages, giving a chronological list of dates and events and relevant documents, if any, alongwith duly highlighted judgments setting out the propositions of law therein, they wish to rely upon. In view thereof, learned (senior) counsels for the parties submit they do not wish to file any formal reply/ rejoinder.
9. Accordingly, renotify on 07.08.2025.
I.A. 7278/2025-Stay
10. Learned senior counsel for the parties seek, and are granted, two weeks to file their respective written synopsis not exceeding five pages, giving a chronological list of dates and events and relevant documents, if any, alongwith duly highlighted judgments setting out the propositions of law therein, they wish to rely upon.
11. Renotify on 07.08.2025.
CS(COMM) 246/2025 Page 2 of 6This 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 10/07/2025 at 21:44:20 I.A. 12599/2025-Order 1 Rule 10 of CPC
12. Learned senior counsel for the parties submit that the present application is listed before the learned Joint Registrar on 11.08.2025.
13. However, considering the arguments addressed by learned senior counsel for the parties, it is felt appropriate to take the said application for adjudication today itself.
14. In essence, it is the case of the defendant no.3 that it is not a necessary and/ or proper party to the present suit as it is only the manufacturer of the defendant nos.1 and 2. As per learned counsel for defendant no.3, the said defendant no.3 is liable to be deleted from the array of parties.
15. The fact that, admittedly, the defendant no.3 is the manufacturer of the defendant nos.1 and 2, is a relevant factor for consideration qua its impleadment. The same itself establishes that the said defendant no.3 is a necessary and property party and has been rightly impleaded by the plaintiffs herein.
16. In view thereof, although this Court is of the view that the present application is not maintainable, however, at this stage, learned counsel for the defendant no.3, seeks an opportunity for seeking instructions qua withdrawal of the present application.
17. Accordingly, in the interest of justice, renotify on 07.08.2025. I.A.15678/2025-By defendant nos. 1 & 2 seeking leave to file documents in pen drive and the original handsets of the test devices
18. By virtue of the present application, the defendant nos.1 and 2 seek leave to place on record electronic enclosures in support of the test reports for HMD Crest, HMD Crest Max and Nokia G42 5G, in a pen drive.
CS(COMM) 246/2025 Page 3 of 6This 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 10/07/2025 at 21:44:20
19. Issue notice.
20. Learned counsel for the plaintiffs accepts notice. At the outset, learned senior counsels for the plaintiffs, upon instructions, submits that the plaintiff has no objection if the present application is allowed subject to it being supplied the electronic enclosures of each of the aforesaid.
21. For the reasons stated, as also in view of the aforesaid submissions, the present application is allowed.
22. Learned counsel for the defendant nos.1 and 2 however seeks a period of four weeks to file the electronic enclosures in support of the test reports for HMD Crest, HMD Crest Max and Nokia G42 5G, in a pen drive since the documents sent from Finland are presently awaiting the clearance of the customs department.
23. As such, let the electronic record by way of an encrypted CD/ DVD/ Pen Drive Medium with a hash value in a non-edited form be filed before the Registry be filed in terms of Rule 24 of Chapter XI of the Delhi High Court (Original Side) Rules 2018, within a period of four weeks as sought.
24. 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.
25. In view of the above, the present application stands disposed of. I.A.15679/2025-By Defendant nos.1 & 2 seeking access to copies of relevant license agreements
26. By virtue of the present application, the defendant nos.1 and 2 seek access to the License Agreements relating to AVC Patent Portfolio filed CS(COMM) 246/2025 Page 4 of 6 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 10/07/2025 at 21:44:20 by the plaintiffs vide Index dated 17.04.2025.
27. Issue notice.
28. Learned counsel for the plaintiffs accepts notice. She seeks and is granted two weeks for filing reply. Rejoinder thereto, if any, be filed within one week thereafter.
29. Renotify on 07.08.2025.
I.A.15681/2025-By defendant nos. 1 and 2 seeking access to the note on justification filed by the plaintiffs in a sealed cover
30. By virtue of the present application, the defendant nos.1 and 2 seek access to the documents filed by the plaintiffs vide index dated 17th April 2025, titled 'Note on behalf of Plaintiffs on justification of license fee'.
31. Issue notice.
32. Learned counsel for the plaintiffs accepts notice. She submits that she has no objection if the present application is allowed.
33. For the reasons stated in the application and in view of the above, the present application is allowed. In fact, learned counsel for the plaintiffs submits that the aforesaid documents shall be supplied to the defendant nos.1 and 2 within a period of two weeks.
34. In view of the above, the present application stands disposed of. I.A.15682/2025-By defendant nos. 1 and 2 seeking leave to file documents in a sealed cover
35. By virtue of the present application, the defendant nos.1 and 2 seek leave to file certain documents in sealed cover being: (i) 'AAC Royalty Rate List' sent by the plaintiffs to defendant no.1 during the pre-suit CS(COMM) 246/2025 Page 5 of 6 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 10/07/2025 at 21:44:20 negotiations, (ii) 'AVC and HEVC Combined Royalty Rate List' sent by the plaintiffs to defendant no.1 during the pre-suit negotiations, (iii) 'Plaintiffs offer dated 21.03.2023 made to the Defendant No. 1' during the pre-suit negotiations.
36. Issue notice.
37. Learned counsel for the plaintiffs accepts notice. At the outset, she submits that since the aforesaid documents are correspondences exchanged inter se the plaintiffs and defendant nos.1 and 2, she has no objection if the present application is allowed.
38. For the reasons stated in the application and in view of the aforesaid submission, the present application is allowed and the defendant nos.1 and 2 are granted two weeks for filing the aforesaid documents in a sealed cover.
39. Accordingly, the present application is disposed of.
SAURABH BANERJEE, J.
JULY 08, 2025/bh CS(COMM) 246/2025 Page 6 of 6 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 10/07/2025 at 21:44:20