MICROMAX INFORMATICS LIMITED Vs. TELEFONAKTIEBOLGET L M ERICSSON

JUDGEMENT

(1.) By order dated 4th December, 2017, this court had reserved orders on the merits of the appeal. However, was informed that in the meanwhile, by mutual consent, on terms acceptable to both, the parties had settled their disputes. In the circumstances, the court would formally dispose of this appeal, but with certain observations as regards the "hot tubbing" procedure which had been recommended for acceptance by the parties, in the course of the suit. The court had observed about desirability of adopting the "hot tubbing" procedure in patent suit.

(2.) The appellant's application (CM 4963/2018) was filed for withdrawal of the appeal, in the light of the settlement arrived at by the parties.

(3.) "Hot-Tubbing" is the phrase for experts giving their evidence concurrently, i.e., both together in the witness box. Although courts and tribunals may have varying practices, in general, the experts (two or more) are called together, sworn or affirmed, and given the opportunity to answer the same questions, to comment on each other's replies, to enter into a dialogue with each other and to put questions to each other.There are no specific rules governing the procedure, but a general format is as follows: