1. The plaintiff has filed the present suit for permanent injunction restraining infringement of rights in eight patents registered in India alongwith damages/rendition of accounts and delivery up etc.

2. Alongwith the plaint the plaintiff has filed the interim application being I.A. No.6735/2014 under Order XXXIX Rule 1 and 2 read with Section 151 CPC. By this order, I propose to decide the abovementioned application.

3. The facts stated in the plaint

The plaintiff, M/s Telefonaktiebolaget LM Ericsson is a company incorporated under the laws of Sweden who is the mother company of the Ericsson group, which was founded in Sweden in 1876 and it is claimed that the plaintiff is one of the largest telecommunications companies in the world.

The Ericsson group is active in more than 180 countries having annual sales of USD 35 Billion (approximately) for the year 2013. The Ericsson’s main trade is to provide telecom operators with best-in-class equipment and services for telecommunications network. The Ericsson group has invested tons of billions of US dollars in the past decade on telecommunications research and development. In 2013 alone, the Ericsson group invested approximately USD 5 Billion on R&D.

The plaintiff’s portfolio comprises of mobile and fixed network infrastructure, telecom services, software, broadband and multimedia solutions for operators, enterprises and the media industry. In the year 2012, the plaintiff received awards for “Top Wireless Infrastructure Company” at the prestigious Cyber Media ICT Business Awards, “Largest Telecom Equipment Manufacturer” from CMAI, “Innovative Network Management Solutions” and “Innovative Vendor Telecom Product” at the Aegis Graham Bell awards.

In the year 2013, the plaintiff won the “Challengers Award-large business” at Frost & Sullivan ‘Green Manufacturing Excellence Awards 2013’ and also received the “Best Managed Services Vendor” award at the “7th NTA ICT World Communication Awards 2013”. Last year, i.e. on 19th March, 2014, the plaintiff won an award for its LTE Broadcast solution in the category “Best TV On The Move Service” at TV Connect in London.

4. The suit patents relate to three technologies in the field of telecommunications pertaining inter alia to 2G and 3G devices (mobile handsets, tablets etc), details of which are referred to as follows for ease of usage:

A. Adaptive Multi-Rate (AMR) speech codec – a feature that conserves use of bandwidth and enhances speech quality; (AMR)

B. Features in 3G phones – Multi service handling by a Single Mobile Station & A mobile radio for use in a mobile radio communication system; (3G)

C. Enhanced Data Rates for GSM Evolution (EDGE) - A transceiving unit for block automatic retransmission request; (EDGE)

5. The plaintiff has in its plaint has provided the details of the patents and their claims raised at the time of registrations. The same are as follows :

S. No.	Patent	Discussion and Analysis
AMR PATENTS
	IN203034	Linear Predictive Analysis by synthesis encoding method and encoder This patent relates to CELP (Code Excited Linear Prediction) based encoding method and encoder that is efficient at low bitrates (<8kbps) and which synchronizes its internal states with those of the decoder. The present patent decreases the number of bits required to encode a frame while maintaining the synchronization between internal states of encoder and decoder as two or more sub-frames are encoded together. Thus, it improves speech quality and compression performance. In the conventional LPAS encoders, each speech sub-frame was encoded separately in order to ensure synchronization between encoder and decoder as a result of which the said encoders did not work efficiently for bit rates of 8kbps or lower. Claims 1-7 relate to simultaneous coding