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Interdigital Technology Corporation and Others V/S Xiaomi Corporation and Others.

    CS (COMM) 295/2020 and I.As. 6440-6445/2020

    Decided On, 04 August 2020

    At, High Court of Delhi

    By, THE HONORABLE JUSTICE: C. HARI SHANKAR

    For Petitioner: Pravin Anand, Vaishali Mittal, Siddhant Chamola, Pallavi Bhatnagar and Rajiv Bhatnagar, Advocates And For Respondents: Saikrishna Rajagopal, Advocate.



Judgment Text


(Video-Conferencing)

I.A. 6443/2020 (for exemption) in CS (COMM) 295/2020

1. Allowed subject to all just exceptions.

2. The application is disposed of.

I.A. 6444/2020 (for exemption from filing attested affidavit) in CS (COMM) 295/2020

3. Subject to attested affidavit being filed within 72 hours of resumption of normal court work, exemption is granted for the present.

4. The application is allowed.

CS (COMM) 295/2020

5. Issue summons in the suit.

6. Summons are accepted by Mr. Saikrishna Rajagopal, learned counsel for the defendants.

7. Written statement be filed by the defendants within a period of four weeks accompanied by affidavit of admission/denial of documents of the plaintiff. Replication, if any, be filed within four weeks thereof accompanied by affidavit of admission/denial of documents filed by the defendants. Written statement and replication would be taken on record only if accompanied by affidavits as aforesaid.

8. Renotify before the Joint Registrar for marking of exhibits on 10th November, 2020.

I.A. 6441/2020 (U/Chapter 7 Rule 17 of DHC Original Side Rules) in CS (COMM) 295/2020

9. This is an application under Chapter 7 Rule 17 of the Delhi High Court Original Side Rules for setting up a confidentiality club so that limited access to confidential documents, which may be required to be perused by the Court, would be available.

10. Mr. Pravin Anand, learned Counsel for the plaintiff submits that it would be appropriate if this application is decided on a date prior to the hearing of the application under Order XXXIX Rule 1 and 2.

11. Accordingly, issue notice on this application. Notice is accepted by Mr. Saikrishna Rajagopal, learned Counsel for the defendants. Let a response to this application, if any, be filed within two weeks with advance copy to the plaintiff who may file rejoinder thereto, if any, within two weeks thereof.

12. Renotify this application for hearing and disposal on 26th August, 2020.

I.A. 6440/2020 (U/Order XXXIX Rule 1 and 2 C.P.C.) in CS (COMM) 295/2020

13. This is an application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 (CPC), seeking ad interim relief.

14. In my view, given the extremely technical nature of the controversy involved, it would be appropriate that a response to this application be obtained from the defendant before the application is taken up on merits.

15. In view thereof, issue notice. Notice is accepted by Mr. Saikrishna Rajagopal, learned coun

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sel for the defendants. Let a response to this application be filed within three weeks with advance copy to learned counsel for the plaintiff who may file rejoinder thereto, if any, within three weeks thereof. 16. Renotify this application for hearing on 29th September, 2020.
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