KONINKLIJKE PHILIPS N.V vs M. BATHLA & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 533/2018 & I.A. 19406/2022 KONINKLIJKE PHILIPS N.V. ..... Plaintiff Through: Mr. Pravin Anand, Ms. Prachi Agarwal, Ms. Elisha Sinha and Mr. Kumar Abhishek, Advocates. versus M. BATHLA & ANR. ..... Defendants Through: Ms. Swathi Sukumar, Sr. Adv. with Mr. Naveen Nagarjuna, Mr Ritik Raghuwanshi, Mr. Rishubh Agarwal, Mr. Kartik Malhotra, Ms. Rishika Agarwal and Ms. Pratibha Singh, Advs. M: 9632196700 CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA JUDGMENT % 13.10.2025 INTRODUCTION: 1. The present suit, initially filed as CS(OS) 635/2004, has been instituted seeking an order for permanent injunction restraining the defendants from manufacturing, selling and offering for sale Video Compact Disc (“VCD”) systems and media, amounting to infringement of the plaintiff‟s Indian Patent No. 175971 dated 28th May, 1990 for a ‗Digital Transmission System‘ (“suit patent”), along with rendition of accounts and damages. Signature Not Verified Digitally Signed CS(COMM) 533/2018 Page 1 of 108 By:HARIOM SHARMA Signing Date:13.10.2025 19:56:57 2. By way of the order dated 31st May, 2004, this Court had directed that the defendants would not use the patented process claimed in the suit patent in the manufacture/production of its VCDs, without obtaining the necessary license. Subsequently, the said interim direction of this Court was modified vide order dated 05th October, 2004, wherein, the parties had handed over an application recording a settlement governing the interim relief claimed in the suit. Accordingly, vide order dated 05th October, 2004, the interim order dated 31st May, 2004 was modified in the following manner: ―xxx xxx xxx ―1. The defendant claims that it is not infringing Patent No. 175971 of the plaintiff and will not do so t