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1. This is a suit for permanent injunction for restraining infringement of copyright, rendition of account and for damages on the ground that the defendants are using the unlicensed softwares of the plaintiffs which is causing injury to plaintiffs' interest and business. BACKGROUND FACTS

2. The case of the plaintiff, in brief is that plaintiff no. 1, Siemens Products Lifecycle Management Software (earlier known as UGS Corporation) is a company, registered under the laws of United States of America and plaintiff no. 2 is wholly owned subsidiary of plaintiff no. 1 company having its registered office at Hauz Khas, New Delhi-110016 and duly incorporated under Indian Companies Act, 1956. It is stated that plaintiff no. 1 is a leading global provider of software systems and services Siemens Product Lifecycle Management Software Inc & Anr. Vs. Lucent Engg. Co. & Anr. Page 1 in the area of managing the product lifecycle and management of industrial operations. It has sold 15 million licenses and has a client-base of 1,40,000 customers worldwide. Plaintiff No. 1 company offers wide software ranges like "concurrent simultaneous user", "node locked or Floating" and "Named User" having mandatory licence for all its products and has spent huge amount of money in developing, promoting and advertising its products all over the world. Plaintiff No. 2 being duly incorporated under the provisions of Indian Companies Act, 1956, is a subsidiary of the plaintiff No. 1 and is duly authorized by plaintiff no. 1 to license its software in India.

3. It has been averred that the plaintiff No.1 is the exclusive and rightful owner of the intellectual property in its software/products and of all confidential or proprietary, commercial, financial, marketing and/or other technical or business information or trade secrets which are used and/or accessed by assessed by any customer through the licensed softwares. Plaintiff No. 1 provides digital product development software, featuring applications like NX (formewrly known as Unigraphics) software with various versions. NX software is an integrated product design, engineering and manufacturing solution that helps its' customer to deliver better products faster and more efficiently and has various versions. NX Nastran is another premium computer-aided engineering (CAE) software which is unlicenced by the plaintiffs and is relied upon by major manufacturers worldwide.

14. Thereafter, this court heard submissions advanced by Shri Ankur Katyal and Ms. Aashi Jain, Ld. counsels appearing for plaintiffs as well as Shri Vijay Tangri, Ld. counsel for defendants and has perused material on record. Issue-wise findings of this court are as under :-

Whether defendants have infringed copyright of the plaintiffs "SIEMENS SOFTWARE NX"? OPP

15. The onus to prove this issue was on the plaintiffs. Averments made in the plaint have been deposed by Shri Gaurav Shankar/PW-1. He deposed that Plaintiff No. 1 is the globally renowned company namely Siemens Product Lifecycle Management Software Inc. duly registered under the laws of USA, having its registered office at E-20, 1 st and 2nd Floor, Hauz Khas, New Delhi-110016 and duly incorporated under the Indian Companies Act, 1956. The Plaintiff No.1 is the exclusive and rightful owner of the Intellectual property in its software/products (the details of the plaintiff's software as the same have not been hereby repeated for the sake of brevity as already mentioned in the suit) and all confidential or proprietary, commercial, financial, marketing or technical or trade secrets which are used and accessed by any customer through the licensed software. It also provides the digital product development software featuring Siemens Product Lifecycle Management Software Inc & Anr. Vs. Lucent Engg. Co. & Anr. Page 5 applications like NX (formerly known as Unigraphics) software with various versions. NX Software is an integrated product design, engineering and manufacturing solution that helps its customer to deliver better products.

28. During cross-examination, PW-1 further deposed that there were multiple ways in which they took action to protect and defend out IP rights which includes independent third party' auditors' appointment to audit Siemens Product Lifecycle Management Software Inc & Anr. Vs. Lucent Engg. Co. & Anr. Page 9 bonafide customers by ensuring the software licence by such customers were being used in-conformane and user licence agreement. PW-1 testified that they also approach companies using pirated or unlicenced software to resolve the issue by offering them to become legitimate licencee.