Yu Televentures Private Limited vs Telefonaktiebolaget Lm Ericsson … on 22 March, 2016

1. The respondent No.1 in LPA Nos.888 & 889/2015 filed these two
applications under Section 340 of Criminal Procedure Code, 1973 (Cr.P.C.)

CM Nos.18178/2015 & 18179/2015 Page 1 of 9
alleging that the appellants/non-applicants made false statements on oath in
the said appeals and, therefore, it is necessary to refer the matter to the
concerned Magistrate for appropriate action under Section 195 of Cr.P.C.

2. We may at the outset, refer to the relevant facts in brief.

3. The applicant/Telefonaktiebolaget LM Ericsson (Publ) (for short ‘LM
Ericsson’is the plaintiff in C.S.(OS) No.442/2013 on the file of this Court for
permanent injunction against the defendants viz. (i) Mercury Electronics Ltd.
and (ii) Micromax Informatics Limited (for short ‘Micromax’) restraining
them from infringing the registered patents of the plaintiff/LM Ericsson. An
interim order was passed on 12.11.2014 in IA Nos.3825/2013 & 4694/2013
directing the defendant to pay royalty to the plaintiff at the rate specified
therein. Alleging that Yu Televentures Pvt. Ltd., which is a wholly owned
subsidiary of Micromax/defendant No.2 has been using the suit patents
without paying royalty to the plaintiff, Contempt Petittion being CCP
No.71/2015 has been filed under Order 39 Rule 2A of CPC against (i)
Micromax, (ii) Yu Televentures Pvt. Ltd. and the Directors/Officers of Yu
Televentures Ltd., namely, Mr.Rahul Sharma, Mr.Sumit Kumar and
Mr.Vikas Jain. By order dated 02.12.2015 in CCP No.71/2015, the learned
Single Judge held that Yu Televentures Pvt. Ltd. as well as the Directors are
in contempt of the order of the Court dated 12.11.2014. Aggrieved by the
said order, Yu Televentures Pvt. Ltd. filed LPA No.888/2015 whereas the
Directors of Yu Televentures Pvt. Ltd. filed LPA 889/2015.

Source: Indian Kanoon

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