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parties, the Court adjudged that even though           between Xiaomi and Qualcomm, none of the parties
Ericsson was aware that Xiaomi was using               produced their respective agreements on record.
Qualcomm’s chipset in its handsets, its agreement      Acceding to Xiaomi’s contention that a party seeking
with Qualcomm was not disclosed to the Court.          an ex-parte order has a heightened duty to disclose
However, Ericsson is correct in its stand that Xiaomi  all material the Court vacated the interim injunction
is incorrectly attempting to enlarge the scope of      order with respect to the two patented pertaining
the agreement to all eight suit patents. Therefore,    to CDMA technology.
the Court decided to confine its stand to the two
patents relating to CDMA (3G) technology. The          The order can be accessed here:-
Court further held that even though the Division       http://lobis.nic.in/ddir/dhc/VKR/
Bench had held that the limited area of dispute in     judgement/23-04-2016/VKR22042016S37752014.
the suit relates to interpretation of the agreement    pdf
between Ericsson and Qualcomm and probably

NUZIVEEDU RESTRAINED FROM SELLING BT.

COTTON                                                 b.	 All seeds manufactured but not packed by
                                                            the Defendant prior to 30th November 2015,
The Plaintiff, Monsanto Technology LLC                      could be sold by the Defendant only if certified
         sued the Defendant, Nuziveedu seeds for            by the Local Commissioner appointed by the
         infringement of its Trademarks Bollguard/          Court (based on relevant records provided by
BG and Bollguard-II/BG-II and its Patent IN 214436          the Defendant) as having been manufactured
in respect of genetically modified hybrid cotton            up to 30th November 2015. Seeds not shown
seeds. The Defendant was earlier appointed the              to be manufactured by 30th November 2015
Plaintiff’s sub-licensee to manufacture and sell the        could not be sold.
seeds using the Plaintiff’s trademarks and patent.
                                                       c.	 The Defendant to pay royalty to the Plaintiff
The Court allowed the following:                            for the seeds which were permitted to be sold.

a.	 All seeds manufactured by the Defendant up         The decision can be accessed at:-
     to 30th November 2015 could be sold by            http://delhihighcourt.nic.in/dhcqrydisp_o.
     the Defendant with the Plaintiff’s trademarks.    asp?pn=71522&yr=2016
     However, the Defendant was restrained from
     selling all seeds manufactured by them after
     30th November 2015.

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