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2023 Supreme(Del) 4978

PRATHIBA M. SINGH
Communication Components Antena Inc. – Appellant
Versus
Rosenberger Hochfrequenztechnik Gmbh & Co. Kg – Respondent


Advocates appeared:
Mr. Gaurav Pachnanda, Senior Advocate with Mr. Sidhant Goel, Mr. Mohit Goel, Mr. Aditya Goel, Mr. Deepankar Mishra, and Ms. Avni Sharma, Advocates, for the Plaintiff.
Mr. Sandeep Sethi, Senior Advocate with Ms. Manisha Singh, Mr. Abhai Pandey, Mr. Varun Sharma, Ms. Swati Mittal & Mr. Gautam Kumar, Advocates, for the Defendants.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

2. This is a patent infringement action in respect of patent no. IN240893 (hereinafter `suit patent') which is granted in favour of the Plaintiff. The patent is titled `Asymmetrical Beams for Spectrum Efficiency' which relates to a method and apparatus enabling the increase in subscriber capacity and enhancing performance of a base station. The Plaintiff is a US Company. The Defendants are three related companies based out of Germany, New Delhi and China. The suit was filed in 2019 and vide order dated 19th December, 2019, the Court had directed as under:

    "3. After having heard learned counsel for the parties, I am of the view that the time sought by the defendants may be granted subject to the defendants disclosing the details of the sale of the impugned products until the date of filing of the affidavit. Mr. Sethi undertakes on behalf of defendants that they will abide by any order that the Court may make with regard to deposit of a proportion of those proceeds.

    4. The defendants are directed to file an affidavit by 31.01.2020, including the details of the sales of the impugned products until 20.

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