$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 31^st May, 2025 Pronounced on: 30^th March, 2026 Uploaded on: 1^st April, 2026 + CS(COMM) 653/2019 and CC(COMM) 22/2022 COMMUNICATION COMPONENTS ANTENNA INC...Plaintiff Through: Mr. Gaurav Pachnanda, Sr. Adv.

with Mr. Sidhant Goel, Mr. Mohit Goel, Mr. Deepankar Mishra, Mr. Aditya Goel & Ms. Avni Goel, Advs. (M: 9716746496)

versus ROSENBERGER HOCHFREQUENZTECHNIK GMBH & CO. KG .....Defendant No.1 PROSE TECHNOLOGIES INDIA PRIVATE LIMITED .....Defendant No.2 ROSENBERGER ASIA PACIFIC ELECTRONIC CO., LTD. .....Defendant No.3 PROSE TECHNOLOGIES (SUZHOU)

CO., LTD. ....Defendant No.4 Through: Mr. Vivek Chibb, Senior Advocate with Late Mr. Varun Sharma, Mr Manish Aryan, Mr. Nishant Rai, Ms Manisha Singh, Mr. Abhai Pandey, Ms. Mansi Gupta, Mr. Siddharth, Ms. Akhya Anand, Ms. Shivani Singh, Mr. Dhruv Tandan & Ms. Anju Agarwal, Advs. (M:

9871135752)

CORAM:

JUSTICE PRATHIBA M. SINGH

JUDGMENT

Prathiba M. Singh, J.

1. This hearing has been done through hybrid mode.

2. The Plaintiff – M/s. Communication Components Antenna Inc. has filed the present suit seeking a permanent injunction restraining infringement of Indian Patent No.240893 (hereinafter “IN’893/ suit patent”) along with damages/rendition of accounts of profits, delivery up etc.

A. BACKGROUND OF THE PARTIES

3. The Plaintiff is a Canadian company and is stated to be one of the fastest growing providers of cellular base station products. According to the Plaintiff, it is engaged in developing innovative products which enable optimum utilisation of the investment made by cellular service providers in cellular base stations. The products and solutions offered by the Plaintiff include technologies that integrate with Base Transceiver Station (BTS)

equipment.

4. The Plaintiff is a group company of M/s. Communication Components Inc., which together provides turnkey solutions in respect of Radio Frequencies. According to the Plaintiff, it has a state of the art antenna designing facility located in Ottawa, Canada where it develops several products including Antennas, Amplifiers, Low Loss Combiners, Tower Mounted Amplifiers (TMA) & Diplexers, Distributed Antenna System (DAS) Components and Portable Passive Intermodulation (PIM) Testers. Further, within antennas, the Plaintiff, along with M/s. Communication Components Inc., currently supplies Specialty Antennas, Multi-Beam Antennas, Bi-Sector Array Antennas, Small Cell Antenna and Multi-Port Antennas.

5. The Defendants in the suit are Defendant No. 1 - M/s. Rosenberger Hochfrequenztechnik GmbH & Co. KG, a German company and its Indian entities. The Defendant No. 1 is stated to be a prominent antenna manufacturing company headquartered in Germany, from where it manages different entities located world-wide which form part of the Rosenberger Group. The Rosenberger Group is stated to have presence in 22 locations in around 13 countries, with manufacturing plants and sales offices in Europe, Asia, and, North and South America.

6. The Defendant No. 2 - M/s. Prose Technologies India Private Limited (earlier known as M/s. Rosenberger Electronic Co. (India) Pvt. Ltd.) is stated to be a part of the Rosenberger Group. The Defendant No. 2 is stated to be involved in designing, manufacturing and selling state of the art products to leading companies. Along with its principal company – Defendant No. 1, the Defendant No. 2 is engaged in designing, development, manufacturing and sale of products in various areas such as telecommunication, aerospace, medical and automotive industries. According to the Defendant No. 2, the Rosenberger Group employs more than 11,000 employees world-wide, who are engaged in developing designing, development, manufacturing and sale of state-of-the-art technology products. The Defendant No. 2 has manufacturing plants in different cities in India and claims to be one of the leading market players for supply of antennas to telecommunication service providers.

7. The Defendant No. 3 - Rosenbe