LAWS(DLH)-2020-12-127

INTERDIGITAL TECHNOLOGY CORPORATION Vs. XIAOMI CORPORATION

Decided On December 16, 2020
Interdigital Technology Corporation Appellant
V/S
Xiaomi Corporation Respondents

JUDGEMENT

(1.) Interdigital Technology Corporation has sued Xiaomi Corporation (hereinafter referred to as "Xiaomi"), alleging infringement, by Xiaomi, of Indian Patents Nos 262910, 295912, 298719, 313036 and 320182. It is alleged that Xiaomi is, without obtaining any license from InterDigital, using the technology, contained in these Standard Essential Patents (SEPs), held by InterDigital. InterDigital has, therefore, prayed, in its suit, that Xiaomi be injuncted, permanently, from manufacturing, selling, assembling, distributing, advertising, exporting, importing or using, in their devices, technology which infringes these SEPs. In the alternative, a direction is sought, to Xiaomi, to take a license, from InterDigital, for usage of its SEPs, on Fair, Reasonable and NonDiscriminatory (FRAND) terms, to be fixed by this Court.

(2.) With the suit, InterDigital filed IA 6440/2020 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) and IA 6441/2020, under Chapter VII Rule 17 of the Delhi High Court (Original Side) Rules, 2018 (hereinafter referred to as "the Original Side Rules"). Arguments, in IA 6440/2020, are presently being heard. This judgement adjudicates IA 6441/2020 in CS(COMM) 295/2020 and IA 6447/2020 in CS(COMM)296/2020.

(3.) Chapter VII Rule 17 of the Original Side Rules reads thus: