Koninklijke Philips N.V. filed a suit against Karma Mindtech and others, including former employee Karan Patel (Defendant No. 2), alleging copyright infringement, trade secret misappropriation, and circumvention of technological protection measures concerning its IntelliSpace Portal (ISP) medical imaging software by selling pirated/tampered versions on refurbished hardware; an ex-parte injunction was granted in December 2023, a local commissioner seized infringing materials, and in December 2024 the court directed defendants to answer detailed interrogatories via affidavit; Defendant No. 2 filed a delayed affidavit in February 2025 containing vague denials that contradicted his own written statement (admitting purchase of pirated software from a Chinese source), admissions in the local commissioner’s report (confirming use since August 2021), and admitted employment documents confirming access to confidential information; the court found these contradictions deliberate, amounting to suppressio veri and suggestio falsi, constituting perjury and obstruction of justice, and accordingly initiated criminal proceedings against Defendant No. 2 under relevant provisions of the Bharatiya Nyaya Sanhita, 2023.
- Deliberate false statements in affidavits filed in response to court-ordered interrogatories, especially when contradicting prior admissions, written statements, local commissioner reports, and admitted documents, amount to perjury and warrant initiation of criminal proceedings even at the interlocutory stage (Paras 6.10-6.13, 10-12 of the Judgment).
- Local Commissioner’s report forms part of court record and undisputed statements therein are deemed seen by the court; contradictory sworn statements obstruct administration of justice (relying on Court On Its Own Motion v Rajesh Girothiya, 2024 SCC OnLine Del 5529).
- Pendency of the main suit does not bar initiation of perjury proceedings upon discovery of deliberate falsehood under oath (relying on Dr. Praveen R. v Dr. Arpitha, 2021 SCC OnLine Kar 15703).
Case Title: Koninklijke Philips N.V. Vs. Karma Mindtech Order Date: 24/11/2025 Case Number: CS(COMM) 914/2023 Neutral Citation: 2025:DHC:10345 Name of Court: High Court of Delhi at New Delhi Name of Judge: Hon'ble Mr. Justice Tejas Karia
[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation] [Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]
