For the first time in the history of enforcement of non-Standard Essential Patents in India, the Delhi High Court has directed the Defendants/Infringers to make deposits in Court, or in the alternative, be subject to an order of injunction.

Not only is this direction unprecedented in itself, but the amount of Rs.54 Crore, which the Court has directed to be deposited, is also unprecedented in such matters. Such progressive orders from the Courts is bound to inspire confidence in patentees to seek enforcement of their patent rights in India.

The judgment lays down important principles relating to claim construction, both by referring to the doctrine of "purposive construction" as well as by referring to global "prosecution history" of patents. Based on such construction of the Suit Patent, the Court has given findings on the scope of the Suit Patent, its validity and infringement.

The judgment further applies the principles of "adverse inference" against the Defendants/Infringers who wilfully withhold the best evidence in their possession that would have aided the Court in deciding the question of infringement. This approach is consistent with the scheme under the Commercial Courts regime, which has recently been introduced in India.

Given the important principles of law laid down by the Court, this judgment has positively evolved several burning issues that were hampering the enforcement of patents in India, and is yet another shot in the arm for mushrooming patent litigation in India.

The Plaintiff/Patentee in this case, Communication Components Antenna Inc., is a Canadian enterprise, which is the owner of a patent relating to novel telecom antennas. The Defendants comprise a group of telecom companies, whose parent company, Ace Technologies Corp., is based out of South Korea

The Plaintiff/Patentee was represented by advocates from the law firm SIM AND SAN, Attorneys at Law, while the Defendants/Infringers were represented by advocates from the law firm Shardul Amarchand Mangaldas.


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