Delhi High Court - Orders
Voiceage Evs Llc vs Guangdong Oppo Mobie ... on 12 May, 2023
Author: C. Hari Shankar
Bench: C.Hari Shankar
$~19(original side)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 306/2023 & CAV 249/2023, I.As.9249-9258/2023
VOICEAGE EVS LLC ..... Plaintiff
Through: Mr. Pravin Anand, Ms. Vaishali
Mittal, Mr. Rohin Koolwal, Mr. Siddhant
Chamola, Mr. Hersh Desai and Ms. Pallavi
Bhatnagar, Advs.
versus
GUANGDONG OPPO MOBIE TELECOMMUNICATIONS
CORP LTD & ORS. ..... Defendants
Through: Ms. Mamta Rani Jha, Mr.
Siddhant Sharma, Mr. Abhay Tandon and
Mr. Rishabh Paliwal, Advs.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 12.05.2023 CAV 249/2023
1. As Ms. Mamta Rani Jha has entered appearance on behalf of the defendants, the caveat stands discharged.
I.A. 9253/2023 (under Order XI Rule 1(4) of the CPC)
2. By this application, the plaintiff seeks permission to file additional documents.
3. The plaintiff is permitted to place additional documents on record in accordance with Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (CPC) as amended by the Commercial Courts Act within 30 days from today.
Signature Not Verified Signed By:KAMLA CS(COMM) 306/2023 Page 1 of 8 RAWAT Signing Date:16.05.2023 12:19:574. The application stands disposed of accordingly.
I.A.9254/2023 (under Section 151 of CPC)
5. By this application, the plaintiff seeks to place certain documents on record pertaining to the full versions of the EVS Standards and Technical Specifications on a pen drive.
6. The plaintiff is permitted to do so subject to serving an advance copy thereof on learned Counsel for the defendants.
7. The application stands disposed of accordingly.
I.A. 9255/2023 (under Section 151 of CPC)
8. By this application, the plaintiff seeks to place certain confidential documents on record in a confidential format.
9. The plaintiff is permitted to do so.
10. The court would later examine as to whether the said documents/information should be made available to the defendants.
11. Needful may be done within a period of two weeks from today.
12. The application stands disposed of.
I.A. 9256/2023 (under Section 149 of CPC)
13. Ms. Vaishali Mittal, learned Counsel for the plaintiff, submits that court fees already stand deposited.
Signature Not Verified Signed By:KAMLA CS(COMM) 306/2023 Page 2 of 8 RAWAT Signing Date:16.05.2023 12:19:5714. Accordingly, this application is rendered infructuous and is disposed of as such.
I.A. 9257/2023 (under Section 151 of CPC)
15. By this application, the plaintiff seeks permission to file duly notarized affidavit, legible copies of any illegible documents as well as originals of the relevant documents.
16. Subject to the plaintiff filing duly notarized affidavit, original or legible copies of the documents of which exemption is sought within a period four weeks from today, exemption is granted for the present.
17. The application stands disposed of accordingly.
I.A. 9258/2023 (under Section 12A of the Commercial Courts Act, 2015)
18. In view of the judgment of the Division Bench of this Court in Chandra Kishore Chaurasia v. R.A. Perfumery Works Pvt Ltd 1, exemption is granted from the requirement of pre-institution mediation under Section 12A of the Commercial Courts Act, 2015.
19. The application stands allowed accordingly.
CS(COMM) 306/2023
20. The plaintiff alleges infringement, by the defendants, of the plaintiff's Indian Patents IN 315569, IN 366267, IN 320355 and IN 332054, in the technology employed by them in their mobile handsets.
Signature Not Verified Signed By:KAMLA CS(COMM) 306/2023 Page 3 of 8 RAWAT Signing Date:16.05.2023 12:19:5721. The matter deserves consideration.
22. Let the plaint be registered as a suit.
23. Issue summons in the suit.
24. Summons are accepted, on behalf of defendants, by Ms. Mamta Rani Jha.
25. Written statement, accompanied by affidavit of admission/denial of the documents filed by the plaintiff be filed within 30 days with advance copy to learned Counsel for the plaintiff who may file replication thereto, accompanied by affidavit of admission/denial of the documents filed by the defendants within 30 days thereof.
26. List before the learned Joint Registrar (Judicial) for completion of pleadings, admission/denial of the documents and marking of exhibits on 14th July 2023, whereafter the matter would be placed before the Court for case management hearing and further proceedings.
I.A.9249/2023 (under Order XXXIX Rules 1 and 2 of CPC)
27. This is an application seeking interlocutory injunctive reliefs.
28. The prayer clauses in this application read thus:
"24. In light of the above facts and circumstances, it is therefore humbly prayed that this Hon'ble Court may be pleased to pass:Signature Not Verified 1
2022 SCC OnLine Del 3529 Signed By:KAMLA CS(COMM) 306/2023 Page 4 of 8 RAWAT Signing Date:16.05.2023 12:19:57
(i) A decree of temporary injunction restraining the Defendants, their associate and group companies, their directors, employees, officers, servants, agents and all others acting for and on their behalf from using, making, selling, distributing, advertising, exporting, importing and offering for sale, or in any other manner, directly or indirectly, dealing in their OnePlus 10T, Oppo A57, RealMe GT Neo 3, OnePlus 9R, Oppo Reno8 T 5G & RealMe x50 Pro 5G device models or in any product that infringes the Plaintiff's SEP portfolio of which representative candidates in the present proceedings are the Indian patents no. 315569, 366267, 320355 and 332054, or any of them, or any other patents as the Plaintiff may add in the present proceedings;
(ii) Alternatively, in lieu of an order of temporary injunction as prayed in paragraph 24 (i) above, an order for an interim arrangement during the pendency of the present suit, directing the Defendants to pay to the Plaintiff a security of an adequate amount to secure the Plaintiff's rights and interests in its SEPs, whose representative candidates in the present suit are the Plaintiff's Indian patents no. 315569, 366267, 320355 and 332054, which are being infringed by the Defendants by virtue of each instance of manufacture, sale, import, offer for sale etc. of mobile devices that are compliant with the EVS standard;
(iii) An order declaring that the Plaintiff has complied with its FRAND obligations in respect of the Defendants for use of the Plaintiff's SEPs in India pursuant to the Plaintiff's commitments as given to the standard setting bodies such as ETSI;
(iv) An order of injunction restraining 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 before this Hon'ble Court; and
(v) An order for disclosure by the Defendants of particulars of the following-
a. quantities of sales in India and of exports from India of;
b. revenues from sales in India and from
exports from India of; and
c. net selling prices of;
individual EVS standard compliant devices since the first Signature Not Verified Signed By:KAMLA CS(COMM) 306/2023 Page 5 of 8 RAWAT Signing Date:16.05.2023 12:19:57 sale of such devices, and on a quarterly basis thereafter, along with a sworn affidavit verifying the authenticity of each such disclosure;
Any further orders as this Hon'ble Court deems fit and proper in the facts and circumstances of this case."
29. Mr. Pravin Anand, learned Counsel for the plaintiff, prays for urgent hearing of prayer (iv) in this application and submits that, in similar cases, where such prayers were made, the defendant often undertook not to pursue proceedings in foreign jurisdictions which would seek to interdict the progress of the suit instituted in India.
30. Mr. Pravin Anand, learned Counsel for the plaintiff, submits that reliefs in terms of prayer (iv) already stand granted in Germany.
31. Given the nature of the relief sought in prayer (iv), the prayer for urgent hearing of the said relief is justified.
32. As such, let notice issue qua prayers (i), (ii), (iii) and (v) on this application, returnable before the Court on 8th August 2023.
33. Notice is accepted, on behalf of defendants/non-applicants, by Ms. Mamta Rani Jha.
34. Reply qua the said reliefs be filed within four weeks from today with an advance copy to learned Counsel for the plaintiff, who may file rejoinder thereto, if any, within four weeks thereof.
35. Let notice issue qua prayer (iv) on this application, returnable before the Court on 1st June 2023.
Signature Not Verified Signed By:KAMLA CS(COMM) 306/2023 Page 6 of 8 RAWAT Signing Date:16.05.2023 12:19:5736. Notice qua prayer (iv) is accepted, on behalf of defendants/non- applicants, by Ms. Mamta Rani Jha.
37. Reply qua the said prayer (iv) be filed within two weeks from today with an advance copy to learned Counsel for the plaintiff, who may file rejoinder thereto, if any, before the next date of hearing.
38. No extension of time for filing of reply or rejoinder shall be granted.
39. Both sides are also directed to place on record a compilation of judicial authorities on which they may seek to place reliance qua prayer (iv) in the application with an advance copy served with each other.
40. Prayer (iv) in this application shall be taken for hearing in advance of any other matter which is listed for final hearing on the said date.
I.A.9250/2023 (under Section 151 of CPC, for payment of money by the defendants till the decision of the interim injunction application)
41. Issue notice, returnable before the Court on 19th July 2023.
42. Notice is accepted, on behalf of defendants/non-applicants, by Ms. Mamta Rani Jha.
43. Reply, if any, be filed within four weeks from today with an advance copy to learned Counsel for the plaintiff, who may file rejoinder thereto, if any, within four weeks thereof.
Signature Not Verified Signed By:KAMLA CS(COMM) 306/2023 Page 7 of 8 RAWAT Signing Date:16.05.2023 12:19:57I.A.9251/2023 (under Order XI Rule 2 of CPC), and I.A.9252/2023 (under Order II Rule 2 of CPC)
44. Issue notice of these applications, returnable before the Court on 8th August 2023.
45. Notice is accepted, on behalf of defendants/non-applicants, by Ms. Mamta Rani Jha.
46. Reply, if any, be filed within four weeks from today with an advance copy to learned Counsel for the plaintiff, who may file rejoinder thereto, if any, within four weeks thereof.
C. HARI SHANKAR, J.
MAY 12, 2023 dsn Signature Not Verified Signed By:KAMLA CS(COMM) 306/2023 Page 8 of 8 RAWAT Signing Date:16.05.2023 12:19:57