* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: May, 08, 2025 % Pronounced on: July 01, 2025 + CS(COMM) 1222/2018 COMMUNICATION COMPONENTS ANTENNA INC.

.....Plaintiff Through: Mr. J. Sai Deepak, Sr. Adv. with Mr. Mohit Goel, Mr. Sidhant Goel, Mr. Deepankar Mishra, Mr. Aditya Goel and Mr. Avinash K. Sharma, Advs.

Versus ACE TECHNOLOGIES CORP. AND ORS. .....Defendants Through: Mr. Suraj Kumar. Singh, Mr.

Bharat Sing and Mr. Abhay Singh, Advs.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

J U D G M E N T

I.A. 36658/2024-By plaintiff for direction to defendants to deposit Bank Guarantee Brief facts

1. The plaintiff has instituted the present suit seeking permanent injunction restraining the defendants from infringing upon its Indian Patent No.240893.

2. The plaintiff, Communication Components Antenna Inc, is a private company incorporated under the laws of Canada with its principal place of business at 11 Hines Road, Ottawa, Ontario, Canada K2K2K1. The plaintiff is providing cellular base station products, and its innovative I.A. 36658/2024 in CS(COMM) 1222/2018 Page 1 of 23 Signature Not Verified Digitally Signed products are designed to allow cellular service providers to get the most out of their cellular base station investments.

3. The plaintiff’s product groups include Antennas, Amplifiers, Low Loss Combiners, Tower Mounted Amplifiers (TMA) & Diplexers, Distributed Antenna System (DAS) Components and Portable Passive Intermodulation (PIM) Testers.

4. The defendant no.1, M/s. Ace Technology Corporation is a South Korean company, which is also in the business of manufacturing and selling antennas for the telecommunication industry. The defendant no.2, M/s. Shin Ah Ltd., is a Hong Kong based company, and the defendant nos.3 and 4 are Indian subsidiaries of the defendant no.1.

5. The plaintiff had also filed an application being I.A. 1522/2018 under Order XXXIX rules 1 and 2 read with Section 151 of the Code of the Civil Procedure, 1908, [1Hereinafter referred to as “CPC”] in the present suit seeking an ad interim injunction restraining the defendants from infringing Indian Patent no.240893 of the plaintiff, which has since been disposed of vide order dated 12.07.2019 holding as under:-

“80. The Defendants have placed on record, the purchase orders for the various models of its antennae. Owing to the fact that the Defendant No.1 which is the manufacturer and seller claims to not have any assets in India, and in view of the discussion above, where the Defendants are clearly infringing the Plaintiff’s patent, the Defendants are liable to deposit some amounts in the Court in order to continue the sales of these antennae in India. The total value of the exports made till date, as per the disclosures made by the Defendants, is as follows:

I.A. 36658/2024 in CS(COMM) 1222/2018 Page 2 of 23 Signature Not Verified

Digitally Signed

81. Insofar as the sales made prior to date of suit to the tune of $64,405,583, which, at the current rate of exchange (1 USD = approx. Rs.68) comes to Rs.437,95,79,644/- the Defendants are directed to give a Bank Guarantee for a sum of Rs.40 crores, which is approximately ten percent of the above amount.

82. Insofar as the sales made during the pendency of the suit are concerned, the total sales are to the tune of $21,835,000, which come to Rs.148,47,80,000/-, ten percent of which is approximately Rs.14.5 crores. The Defendants are directed to deposit the Bank Guarantee and the said sum with the Registrar General of this Court, within one month from date of judgment. If the Defendants do not comply with the above directions within one month, the Defendants shall stand restrained from manufacturing, selling, offering for sale any models of antennae which infringe suit patent number IN 240893.” [Emphasis supplied]

6. In fact, the defendants challenged the order dated 12.07.2019 before a Division Bench of this Court vide FAO(OS)(COMM) 186/2019 entitled Ace Technologies Corp. & Ors. vs Communication Components Antenna Inc. wh