The Delhi High Court has directed Ace Technologies Corporation, a South Korean company, to deposit ₹290 crore as security in a patent infringement case filed by Canadian firm Communication Components Antenna Inc. (CCA). The order was passed by Justice Saurabh Banerjee on July 1, 2025, in a pending suit alleging infringement relating to antenna technologies used in telecom infrastructure.
The Plaintiffs argued that the defendants continued infringing its patent and had limited or no assets in India, posing a risk that any future decree in the plaintiff’s favour may go unenforced. The plaintiff estimated damages at over ₹1,160 crore and cited Communication Components Antenna Inc. vs. Mobi Antenna Technologies (Shenzhen) Co. Ltd., 2022/DHC/000855, where they were unable to recover a decree from a Chinese entity due to the lack of reciprocal enforcement arrangements.
The Court accepted that South Korea is not a reciprocating territory under Section 44A of the CPC, and that any decree passed in India would not automatically be enforceable there. It noted a decline of over 65% in Ace Technologies’ valuation and the lack of ongoing business operations in India, which added to the plaintiff’s concerns.
The Court held that Section 151 of the CPC could be invoked to protect the plaintiff’s interests during the pendency of the suit and emphasized that the balance of convenience and risk of irreparable harm favored granting interim protection. Accordingly, the Court directed Defendants to furnish the ₹290 crore equivalent to 25% of the claimed damages—either via bank guarantee or fixed deposit receipt within four weeks.
Appearance in the case:
Petitioner: Mr. J. Sai Deepak, Sr. Adv. with Mr. Mohit Goel, Mr. Sidhant Goel, Mr. Deepankar Mishra, Mr. Aditya Goel and Mr. Avinash K. Sharma, Advs.
Respondent: Mr. Suraj Kumar. Singh, Mr. Bharat Sing and Mr. Abhay Singh, Advs
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