CS (OS) 1100/2009 Page 1 of 8

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CS (OS) 1100/2009

MICROSOFT CORPORATION & ORS.

..... Plaintiffs

Through

Mr. Munish Mehra, Ms Arundhati

Gopal, Advocates.

Versus

MR. MANISH PODDAR & ANR.

..... Defendants

Through

None.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

INDERMEET KAUR, J.

1. The present suit has been filed by the plaintiffs against the defendants

for permanent injunction restraining infringement of copyright, delivery up,

rendition of accounts of profits as also damages and cost of proceedings.

2. The Plaintiff No.1, Microsoft Corporation is a company orgaised and

existing under the laws of State of Washington, USA and is stated to be the

owner of copyright in various software products including Microsoft

Windows Operating Systems, Microsoft Office, and Microsoft Windows

Server Systems etc. The Plaintiff No.2, Microsoft Corporation India Private

Limited is the wholly owned marketing subsidiary of the Plaintiff No.1. The

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CS (OS) 1100/2009 Page 2 of 8

Plaintiff No.3, Adobe Systems Incorporated, is a company organized and

existing under the laws of state of Delaware, USA and is stated to be the

owner of copyright in various computer software programmes including

Adobe Photoshop, Acrobat, and Illustrator etc. The Plaintiff No. 4, Adobe

Systems India Pvt. Ltd. is a marketing subsidiary of the Plaintiff No.3. The

Plaintiff No. 5, Parametric Technology Corporation, is a company organized

and existing under the laws of the State of Massachusetts, USA and is stated

to be the owner of copyright in various computer software applications

including the Pro/Engineer family of 3D design software. The Plaintiff No.

6, Parametric Tech (India) Private Ltd. is a marketing subsidiary of the

Plaintiff No. 5. The Plaintiff No. 7, Corel Corporation is a company

organized under the Canada Business Corporations Act, 1985 and is stated to

be the owner of copyright in various software applications including

WorldPerfect Office Suit, WinZip and Corel Paint Shop Pro etc. The

Plaintiff No.8, Siemens Product Lifecycle Management Software Inc. is a

company organized and existing under the laws of the State of Missouri,

USA and is stated to be the owner of copyright in various computer software

applications including NX Nastran, Solid Edge, Tecnomatix and Teamcenter

etc. The Plaintiff No.9, Dassault Systems SolidWorks Corp., is a company

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CS (OS) 1100/2009 Page 3 of 8

orgainsed and existing under the laws of United States of America and is

stated to be the owner of copyright in various software applications including

Catia, Delmia, Enovia, 3DIVA etc.

3. The Plaintiff No.1, Plaintiff No.3, Plaintiff No.5, Plaintiff No.7, Plaintiff

No.8 and Plaintiff No.9 are the owners of copyright in their respective

software programs developed and marketed by them. They are stated to be

the members of the Business Software Alliance (BSA), a non- profit

association dedicated, interalia, to combat piracy in various parts of the

world. The Plaintiff No.2, Plaintiff No. 4, and Plaintiff No. 6 market the

software products of the Plaintiff No.1, Plaintiff No.3 and Plaintiff No.5 in

India respectively. The plaintiff claims to have markets globally and is the

biggest software publisher for personal and business computing in the world.

These software programs are “computer programs” within the meaning of

Section 2 (ffc) of The Copyright Act 1957 and are included in the definition

of a „literary work‟ as per Section 2 (o) of The Copyright Act 1957.

The plaintiffs bei