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Showing contexts for: pro tem in Interdigital Vc Holdings Inc & Ors. vs Guangdong Oppo Mobile ... on 21 February, 2024Matching Fragments
11. As per InterDigital, in Germany, a bank guarantee for XX XXXX XXX was offered by the Defendants, which is still stated to be in their possession.
In the UK, the matter is pending consideration. In India, detailed submissions were initially made regarding the application under Order XXXIX Rules 1 & 2 of the Civil Procedure Code (hereinafter, 'CPC'). InterDigital insisted on pro tem payments, considering the large volume of sales by the Defendants. Some of the factors emphasized by InterDigital for the purpose of pro tem payments include--
13. The total revenue earned by the Defendants in India is to the tune of xxxxx during these years.
14. As per InterDigital, considering the significant volume of sales and the amount that would be due, which is jeopardized by the Defendants' precarious financial condition, no amount would be recoverable, even if the trial were to conclude successfully in favor of InterDigital. The Defendants opposed the request for any pro tem payments on the following grounds:
42. In this background, in the opinion of this Court, the Defendants cannot be better positioned than what they were in the consent order dated 6th October 2022. Vide the said order the application for pro tem payment was disposed of with consent, which is now being re-looked in view of the breaches by the Defendants of not furnishing a proper bank guarantee. Recently the ld. Division Bench, in Nokia Technologies OY (supra) has observed on pro tem payments as under:
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58. Consequently, to balance the equities between the parties, this Court has the power, if the facts so warrant, to pass a pro-tem order being a temporary arrangement without a detailed exploration of merits. This view, according to the Court, promotes a modernized and fair patent system, encourages ingenuity, creativity and intellectual activity as well as provides for a conducive environment for knowledge transfer. Needless to state that the nature of pro-tem security/deposit order as well as interim order will necessarily depend on the factual matrix of each case.