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IN THE HIGH COURT OF DELHI AT NEW DELHI
C.HARI SHANKAR, OM PRAKASH SHUKLA
Surinder Kumar Wadhwa – Appellant
Versus
Koninklijke Philips N.V. – Respondent
JUDGMENT :
C. HARI SHANKAR, J.
REVIEW PET. 89/2026 in RFA(OS)(COMM) 13/2025 REVIEW PET. 73/2026 in RFA(OS)(COMM) 8/2025
1. Alleging that the appellants had infringed Indian Patent IN 218255, “IN’255”, the suit patent hereinafter, pertaining to a “Method of Converting Information Words to a Modulated Signal”, the respondent, Koninklijke Philips N.V., “Philips”, hereinafter instituted CS (Comm) 423/2016, CS (Comm) 499/2018 and CS (Comm) 519/2018, “the suits”, hereinafter against the appellants, seeking decrees of permanent injunction, restraining them from infringing the suit patent and also claiming damages and costs.
2. During the course of the suits, the suit patent IN’255 expired by efflux of time. The prayers for injunction were, therefore, rendered infructuous, and the suits survived only qua damages and costs.
3. By judgment dated 20 February 2025, a learned Single Judge of this Court disposed of the suits awarding damages of Rs. 7,22,50,000/-, along with interest in CS (Comm) 423/2016, Rs. 1,61,85,000/- along with interest and additional damages of Rs. 1,00,00,000/- in CS (Comm) 519/2018 and Rs. 12,43,25,700/- along with interest and additional damages of Rs. 1,00,00,000/- in CS (
The court held that damages for patent infringement can exceed initial claims if justified by patent valuation and evidence, particularly regarding Standard Essential Patents.
The court affirmed its jurisdiction to review its orders while highlighting that a mere filing of a review petition does not grant a stay on award enforcement unless complying with statutory requirem....
Review jurisdiction is not an appeal; it addresses only material errors apparent on record, not new arguments or hearsay.
Proceedings before Court are not for taking chance by litigants. Litigants must show due respect towards Court proceedings.
The power of review is limited to correcting apparent errors on the record and cannot be used to rehash arguments or findings that have been previously settled.
The court affirmed the validity of a stay under Section 10 of the Code of Civil Procedure based on prior instituted suit related contentions.
The Letters Patent allows appeals only against judgments that conclusively affect rights; interim orders lacking such determinations are not appealable.
Wrongful encashment of a bank guarantee can be claimed as restitution rather than strictly under damages, highlighting the sufficiency of entitlement rather than extensive evidence. This determinatio....
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