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2022 Supreme(Del) 18

ASHA MENON
Koninklijke Philips N. V. – Appellant
Versus
Vivo Mobile Communication Co. Ltd. – Respondent


Advocate Appeared
For the Appellant :Mr. Chander Lall, Senior Advocate with Mr. Ashutosh Kumar, Mr. Swamil Dey, Ms. Vrinda Bagaria, Mr. Munesh Sharma, Mr. Vinod Chauhan & Ms. Ananya Chugh, Advocates
For the Respondent:Mr. Saikrishna Rajagopal, Ms. Julien George, Ms. Anu Paarcha, Mr. Arjun Gadhoke, Mr. Avijit Kumar, Mr. Aniruddh Bhatia, Mr. Skanda Shekhar, Ms. N. Parvati and Mr. Vivek Ayyagari, Advocates for D-1 and D-2 Ms. Nupur Aggarwal and Mr. Maanav Kumar, Advocates

ORDER :

I.A. 3048/2021 (by the plaintiff under Order XI, Rules 2 and 14 CPC as amended by the commercial Courts (Amendment) Act, 2018 read with Section 151 CPC, seeking discovery by interrogatories and production of certain documents from the defendants No.l and 2)

1. This application has been filed by the plaintiff under Order XI Rules 2 & 14 CPC as amended by the Commercial Courts (Amendment) Act, 2018 read with Section 151 CPC seeking discovery by interrogatories and production of certain documents from the defendants No.1 and 2.

2. It may be mentioned here that the plaintiff alleges that the defendants were infringing five of its patents, namely, (i) Indian Patent Number: IN 275419: A method of operating a radio communication apparatus and a radio communication apparatus; (expires on 10.8.2026), (ii) Indian Patent Number: IN 271469: A method of multiplexing data packets having different assigned priorities; (expires on 4.11.2025), (iii) Indian Patent Number: IN 228133: A method of operating a radio communications system; (expires on 20.4.2024), (iv) Indian Patent Number: IN 221703: A method of operating a radio communication system; (expired on 8.5.2020 and is being asserted for p

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