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IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 442/2013 TELEFONAKTIEBOLAGET LM ERICSSON(PUBL) ..... Plaintiff Through: Mr. Neeraj Kishan Kaul, Senior Advocate with Ms. Prathiba M. Singh, Ms. Saya Choudhary Kapur, Mr. Tejveer Singh Bhatia, Mr. Ashutosh Kumar and Mr. Varun Tikmani, Advocates. versus MERCURY ELECTRONICS and ANR ..... Defendants Through: Dr. Abhishek M. Singhvi and Mr Parag Tripathi, Senior Advocates with Mr. Saikrishna Rajagopal, Sunil Dalal, Mr. Sanjeev Narula, Mr. J. Sai Deepak, Mr. Rajiv K. Choudhry and Mr. Maanan Kumar, Advocates for defendant No.2- Micromax. CORAM: HON'BLE MR. JUSTICE MANMOHAN O R D E R 19.03.2013 I.A. 4694/2013 in CS(OS) 442/2013 Issue notice. Ms. Prathiba M. Singh, learned counsel accepts notice on behalf of plaintiff. She prays for and is granted three weeks to file a reply affidavit. Rejoinder affidavit, if any, be filed before the next date of hearing. List the matter for directions on 22nd April, 2013. Both the parties, in the meantime, have agreed upon an interim arrangement, without prejudice to their rights and contentions. The interim arrangement reads as under:- 1. Ericsson and Micromax agree to negotiate a FRAND License Agreement for the next one month, based on FRAND terms. 2. Micromax/Customs shall intimate Ericsson?s notified person or counsel for Ericsson whenever a consignment arrives at the Customs. Ericsson?s representative or its counsel will, without any delay and within twenty-four hours, take inspection of the consignment. 3. Micromax shall then, pending final determination of royalties payable by the parties, agree to abide by the following interim payments as per term sheet enclosed with letter dated 05th November, 2012, purely as an ad-interim arrangement and subject to the final outcome of its negotiations with Ericsson. A. For phones/devices capable of GSM ? 1.25% of sale price. B. For phones/devices capable of GPRS + GSM ? 1.75% of sale price. C. For phones/devices capable of EDGE + GPRS + GSM ? 2% of sale price. D. WCDMA/HSPA phones/devices, calling tablets ? 2% of the sale price. E. Dongles, data cards ? USD 2.50 Micromax undertakes to make a deposit of interim payments in Court, as set out above, within five working days of the intimation by Customs of the arrival of the consignment. Post inspection, Ericsson will forthwith inform the Customs that it has no objection to the release of the consignment so that the consignment could immediately be handed over to Micromax. Both the parties agree that the royalties, if any, for the past period will be negotiated as part of the final FRAND agreement that may be arrived at between the parties. 3. Both parties shall endeavour to negotiate the final FRAND terms by 09th April, 2013 during which time the above arrangement shall operate. In the event that parties are unable to arrive at FRAND terms pursuant to negotiations, they have the option of appearing for mediation before Mr. N.K. Anand, Advocate, B-41, Nizamuddin East, New Delhi-110013, Cell No.9891392929. Customs are directed to cooperate with the parties and their counsel for implementation of this order. A copy of this order be served upon the Customs authorities by the Registry of this Court as also by the learned counsel for the parties. As a token of acceptance of this order, an authorized representative of the plaintiff and defendant No.2 are directed to sign the order sheet. Order dasti under signature of the Court Master. MANMOHAN, J MARCH 19, 2013 js CS(OS) 442/2013 Page 3 of 3
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