IN THE HIGH COURT OF DELHI AT NEW DELHI
  
  FAO(OS) 573/2013, CAV. 1141/2013, C.M. APPL. 19754/2013 and
  19755/2013
  
  
  
  XU DEJUN and ORS. ..... Appellants
  
  Through : Dr. A.M. Singhvi, Sr. Advocate with Sh. Sandeep Sethi, Sr.
  Advocate with Sh. Sanjeev Kumar Tiwari and Ms. Valini Panta, Advocates.
  
  
  
  
versus
  
  
  
  VRINGO INFRASTRUCTURE INC. and ANR. ..... Respondents
  
  Through : Sh. Neeraj Kishan Kaul, Sr. Advocate with Ms. Prathiba. M.
  Singh, Ms. Saya Choudhary, Ms. Bitika Sharma, Sh. Ashutosh Kumar and Sh.
  B. Prashant Kumar, Advocates.
  
  
  
  CORAM:
  
   HON'BLE MR. JUSTICE S. RAVINDRA BHAT
  
   HON'BLE MR. JUSTICE NAJMI WAZIRI
  
  
  
   O R D E R
  
   12.12.2013
  
  
  
  CAV. 1141/2013
  
  Learned counsel for the caveator has put in appearance. Cav.
  1141/2013 accordingly stands discharged.
  
  C.M. APPL. 19755/2013 (for exemption)
  
  Allowed, subject to all just exceptions.
  
  FAO(OS) 573/2013, C.M. APPL. 19754/2013
  
  
  
  The present appeal is directed against an order of the learned
  Single Judge dated 08.11.2013, enjoining the defendants/appellants, their
  officers, directors, agents, employees, distributors, customers etc. from
  manufacturing, assembling, importing, selling or offering for sale or
  advertising on their products (telephone instruments, mobile handsets,
  tablets, handheld devices, dongles etc.) or any other similar devices
  that include the 3G technology CDMA 2000 and CDMA 2000 with Rev. A and/or
  Rev. B which may amount to infringement of the appellants? patent.
  
  
  The respondents/plaintiffs were present on caveat. Based upon suggestions put upon learned counsel for the parties, who were heard for
  some time, and after they obtained instructions in this regard, this
  Court, in substitution and modification of the impugned order hereby
  directs as follows:
  
  (i) The appellants/defendants shall file their written statement/counter
  claim within four weeks and the plaintiffs shall file their
  replication/written statement to the counter claim within four weeks
  thereafter. Both the parties shall file documents within four weeks. The
  plaintiffs shall file replication in the counter claim along with their
  documents. Affidavits of admission/denial shall be exchanged within two
  weeks after completion of pleadings. The matter shall be listed for
  exhibition of documents on 11.03.2014 before the Joint Registrar and
  thereafter for framing of issues on 27.03.2014 before the learned Single
  Judge.
  
  (ii) It is agreed that besides framing issues, learned Single Judge
  would, in exercise of powers conferred under Section 115 of the Patents
  Act, appoint a scientific advisor to apprise the Court about the
  technical and scientific evidence brought on the record. The appointment
  of the scientific advisor shall be from amongst the list of experts.
  Learned counsel for the parties shall assist the Court in this regard and
  submit a list of 3 or 4 possible names from amongst whom the scientific
  advisor can be appointed or nominated. The fee to be paid to the
  scientific advisor shall be fixed by the learned Single Judge after
  consultation with the learned counsel for the parties.
  
  (iii) The trial of the suit shall be expedited. Accordingly, Sh. Dinesh
  Dayal, retired Addl. District Judge (Mob. No. 9810100200) is appointed as
  a local commissioner for recording of evidence and the Commissioner?s fee
  is fixed as Rs.2,00,000/- (Rupees Two Lakhs only) to be equally paid by
  both parties. Both the parties shall lead evidence of two witnesses. The
  affidavits will be filed simultaneously by both the parties.
  
  (iv) The trial shall be completed within six months from the first day
  when the matter is listed before the local commissioner. The learned
  Single Judge may take-up the matter after completion of trial on an
  expedited basis.
  
  (v) The Customs authorities shall continue to give intimation to the
  plaintiffs, of the ZTE consignments imported by ZTE India (Defendant
  No.2) or any other importer from ZTE China (Defendant No.3) as per the
  Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007.
  The plaintiffs may inspect the same and inventorize ZTE?s CDMA products
  within a period of two days from the date of intimation by the Customs
  office.
  
  (vi) After inspection and inventorization, the products will be released
  by the Customs authorities to ZTE or the concerned importer.
  
  (vii) ZTE China (Defendant No.3) will deposit a bank guarantee in favour
  of the Registrar General of this Court for a sum of Rs. 5 crores or for a
  sum of Rs. 2.5 crores and secure the remaining Rs.2.5 crores by way of
  security offered to the satisfaction of the Registrar General within two
  weeks. Further, for future sales, a Director on behalf of the Defendant
  Nos. 2 and 3, duly authorized by way of a Board Resolution, shall file an
  
  affidavit disclosing the quantum of CDMA devices which are being sold by them in India along with the revenues earned from them on a quarterly
  basis along with an undertaking that they will pay all sums as may be
  determined by this Court. The appellants/defendants shall file
  accounts in accordance with the learned Single Judge?s directions at S.
  No.(iii) of the order dated 08.11.2013 and further sales till date,
  within four weeks from today. The appellants shall also file accounts and
  supporting material, including copies of Bills of Entry and Sale
  Invoices, and the relevant auditor?s report for each quarter during the
  pendency of the suit. On the accounts being filed, the plaintiffs are at
  liberty to seek further security or directions from the learned Single
  Judge.
  
  In view of the above order, it is agreed by the learned counsel for
  the parties, upon instructions received by them in this behalf that the
  impugned order may be set-aside.
  
  The order of the learned Single Judge is hereby set-aside in terms
  of the above order which is substituted instead.
  
  The appeal and pending application are disposed off in the above
  terms. Order dasti.
  
  
  
  S. RAVINDRA BHAT, J
  
  
  
  
  
  
  
  NAJMI WAZIRI, J
  
  DECEMBER 12, 2013
  
  ?ajk?
  
  
  
  $ 1