JUDGMENT :

G.S. Sistani, J.

I.A. 3825/2013 (STAY) & I.A. 4694/2013 (O 39 R 4 = By D-2)

1. Subsequent to the last order dated, 14.10.2014, the parties have appeared and made submissions. Ericsson, as per the directions of the court and upon being asked by the court has produced 26 license agreements. Micromax has asked for agreements/offers by Ericsson with other Indian parties. After hearing submissions and perusing the rates which were contained therein, the court directs as follows:

2. The Defendants shall pending trial of the suit, pay the following rates of royalty directly to the Plaintiff for sales made in India from the date of filing of suit till 12.11.2015 :

i. For phones/ devices capable of GSM - 0.8% of net selling price;

ii. For phones/ devices capable of GPRS + GSM - 0.8% of net selling price;

iii. For phones/devices capable of EDGE + GPRS + GSM - 1% of net selling price;

iv. WCDMA/ HSPA phones/devices, calling tablets - 1% of the net selling price.

3. The Defendants shall pending trial in the suit, pay the following rates of royalty directly to the Plaintiff for sales made in India from 13.11.2015 to 12.11.2016 :

i. For phones/ devices capable of GSM - 0.8% of net selling price