TELEFONAKTIEBOLAGET LM ERICSSON Vs. MERCURY ELECTRONICS

JUDGEMENT

(1.) THIS is an application under Section 151 of the Code of Civil Procedure 1908 ('CPC') filed by the Plaintiff, Telefonaktiebolaget LM Ericsson (Publ) ['Ericsson'], seeking permission to file affidavits of Mr. Harish Sharma and Mr. Max Olofsson along with the claim chart mapping in a sealed envelope. The further prayers are that the said affidavits and the claim chart mapping should be kept in a safe custody and to only permit joint inspection of the documents by the parties and their counsel.

(2.) THE background to this application is that the aforementioned suit has been filed by Ericsson against Mercury Electronics (Defendant No. 1) ('Mercury') and Micromax Informatics Limited (Defendant No. 2) ('Micromax') seeking permanent injunction to restrain the Defendants from manufacturing, importing, selling, offering for sale, advertising products which include telephone instruments, mobile handsets, tablets, handheld devices etc. as well as the models mentioned in Annexure A to the plaint and any future or other devices or models, which include the Adaptive Multi -Rate ('AMR'), 3G and EDGE technology/devices/ apparatus as patented by Ericsson in the suit patents so as to result in infringement of the said suit patents. Ericsson has also prayed for a decree of damages in the sum of Rs. 100 crores against Micromax and a direction to Micromax to render sales accounts for the years 2008 -2012 for the mobile devices (Handsets, tablets etc.) that incorporated the Plaintiff's patented technology. Ericsson further seeks delivery up of infringing components/elements etc. from Mercury and Micromax.

(3.) AS far as the present suit is concerned, Ericsson is seeking permanent injunction to restrain Mercury and Micromax from infringing the following Indian patents owned by it: <FRM>JUDGEMENT_3586_ILRDLH23_2013.htm</FRM>