Koninklijke Philips NV filed CS(Comm) 423/2016, 499/2018 and 519/2018 against Maj (Retd) Sukesh Behl of Pearl Engineering, Surinder Kumar Wadhwa and G S Kohli alleging infringement of SEP IN 218255 on EFM+ coding method for converting information words to modulated signal essential for DVD replication seeking injunction damages and costs but patent expired rendering injunction infructuous.
So single judge on 20 February 2025 found infringement validity FRAND royalty US$0.03 per DVD estimated stampers from Moser Baer and DVDs replicated awarding damages ₹6.225 crore plus ₹1 crore additional to Pearl ₹1.6185 crore plus ₹1 crore to Wadhwa ₹12.4325 crore plus ₹1 crore to Kohli with 12% interest.
Prompting appeals RFA(OS)(Comm) 8/12/13/14/2025 with stay applications.
The division bench reasoned under Lifestyle Equities that money decrees stayed unconditionally only if perverse illegal or untenable finding no issue with infringement validity FRAND rate or stampers but estimation of 10000 DVDs per stamper and total DVDs presumptive without basis facially untenable meriting stay on bank guarantee not deposit.
The applications were allowed directing unconditional irrevocable auto-renewal bank guarantee for principal damages within eight weeks staying execution till further orders listing appeals for 15 January 2026.
Legal Point:
Stay of execution of money decree under Order XLI Rule 5 CPC may be granted unconditionally if impugned judgment egregiously perverse, riddled with patent illegalities or facially untenable, departing from normal rule against staying money decrees: Lifestyle Equities C.V. v. Amazon Technologies Inc, 2025 SCC OnLine SC 2153; Para 20.3.
Damages in patent infringement cannot be computed based on mere presumption or hypothetical estimates without evidential foundation: Para 19.3.2.9, Para 20.6.
Case Title:Maj (Retd.) Sukesh Behl Vs Koninklijke Philips NV:05.01.2026:: RFA(OS)(COMM) 8/2025:2026:DHC:5- DB:Hon'ble Mr. Justice C. Hari Shankar and Hon'ble Mr. Justice Om Prakash Shukla.
[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]
