Delhi High Court - Orders
Telefonaktiebolaget Lm ... vs Intex Technologies(India) Limited on 6 November, 2023
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 769/2016
TELEFONAKTIEBOLAGET
LM ERICSSON(PUBL) ..... Plaintiff
Through: Mr. Rajeev Virmani, Sr.
Advocate with Mr. Ashutosh Kumar, Mr.
Vinod Chauhan, Ms. Vrinda Bagaria and
Ms. Radhika Pareva, Advs.
versus
INTEX TECHNOLOGIES(INDIA) LIMITED ..... Defendant
Through: Mr. Mudit Sharma and Ms.
Yashika Katyal, Advs.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 06.11.2023 CS(COMM) 769/2016 , CC(COMM) 1/2019, CC(COMM) 2/2019, CC(COMM) 3/2019, CC(COMM) 4/2019, CC(COMM) 5/2019, CC(COMM) 6/2019, CC(COMM) 7/2019 and CC(COMM) 8/2019
1. CS (Comm) 769/2016 alleges infringement, by the defendant, of eight suit patents. CC (Comm) 1/2019 to CC (Comm) 8/2019 are eight revocation petitions filed by the defendant seeking revocation of the said eight patents.
2. Mr. Virmani submits that recording of evidence in all these matters are complete except that, as both sides have relied on evidence of expert witnesses, hot tubbing would have to be undertaken on dates when both the witnesses are mutually available to participate in the exercise.
CS(COMM) 769/2016 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 07/11/2023 at 23:35:25
3. Mr. Mudit Sharma, learned Counsel for the defendant draws my attention to the order dated 19 October 2023 in IA 20290/2023 whereby the Confidentiality Club earlier constituted in this matter was permitted to be re-constituted by co-opting, therein, the names of three advocates to be suggested by the defendant by way of affidavit. An affidavit dated 31 October 2023 has subsequently been filed by the defendant, suggesting the names of Mr. Ashok K. Aggarwal, Mr. Mudit Sharma and Mr. Anand Kanojia as the advocates, who could constitute the members of the Confidentiality Club.
4. In view of the consent granted by the learned Counsel for the plaintiff on 19 October 2023, the Confidentiality Club already constituted by this Court, vide order dated 5 July 2018 is modified by inducting, therein, the afore-noted three advocates as the members of the Confidentiality Club on behalf of the defendant.
5. List this matter before the learned Joint Registrar on 29 November 2023, on which date the members of the Confidentiality Club of both parties shall be permitted to inspect the documents of each other.
6. List thereafter for case management hearing before the Court on 15 January 2024 tentatively to fix date on which date hot tubing could be conducted in the presence of expert of both parties.
I.A. 4920/2022 (Section 151 CPC) CS(COMM) 769/2016 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 07/11/2023 at 23:35:25
7. This is an application by the plaintiff for expunging certain portion of the expert's testimony, which already stands recorded. Mr. Virmani undertakes on instructions from his client to reserve his rights to raise objections to the recording of the said evidence at a later and appropriate stage.
8. Reserving his right as aforesaid, this application is disposed of.
C.HARI SHANKAR, J NOVEMBER 6, 2023 rb Click here to check corrigendum, if any CS(COMM) 769/2016 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 07/11/2023 at 23:35:25