By judgment dated 21 February 2024, the Delhi High Court ordered Oppo to deposit an undisclosed sum as pro tem deposit (interim deposit) with the Registry . The Court imposed a cost of INR 5,00, 000 /- upon Oppo for delaying the proceedings. The Court directed that the trial should conclude in 2024 itself. If the trial is not concluded within this time period, Oppo should deposit an additional sum.
I shall discuss this judgment in detail in the later posts.
Background
InterDigital filed infringement proceedings against Oppo alleging infringement of standard essential patents.
By Consent Order dated 6 October 2022, the Court accepted the bank guarantees issued by HSBC Paris which was supposed to act as security for orders passed by the High Court. The Court directed HSBC India to be present before the Registry to confirm the bank guarantee. HSBC India objected stating that they are an independent entity and therefore, they are not in a position to confirm the bank guarantee. Oppo now submitted that it can submit the bank guarantees issued by IDBI India. InterDigital objected to the same and submitted that Oppo should be asked to make an interim deposit. The Court accepted the submission of InterDigital.
The Court had earlier set 15 September 2023 as the tentative deadline for completion of the trial. The Court held Oppo liable for the delay caused by HSBC Paris – HSBC India episode and imposed costs upon Oppo.