Delhi High Court rejects appeal by Freebit to stop Boult from making C-shaped earphones

A division bench of the Delhi High Court recently rejected an appeal filed by Norway based company Freebit AS seeking protection from alleged infringement its patent of ‘C’ shaped earphone interface by Indian smart watch and ear phone manufacturer, Boult [Freebit AS v Exotic Mile Private Limited]. .A bench of Justices Vibhu Bakhru and Tara Vitasta Ganju refused to injunct Boult from making earphones with similar design.The bench upheld the order of a single-judge who had refused to pass injunction order against Boult..The Court noted single-judge’s observation that patent Freebit’s patent had been invalidated in various countries. “As noted above, there is no dispute that the appellant’s applications for grant of patent corresponding to the suit patent had been rejected in various countries. The patent has been invalidated in some of the countries as noticed above,” the Court observed.It, therefore, refused to interfere with the order of the single-judge. “In the present case, we are unable to accept that the learned Single Judge’s exercise of discretion in declining the interim relief is arbitrary, or in ignorance of settled principles of law. Thus, no interference in the impugned judgment is warranted. The appeal is unmerited and, accordingly, dismissed. All pending applications are also disposed of,” the division bench concluded..Freebit moved the Court arguing that it has emerged as a pioneer in the field of ergonomically ‘C’ shaped earphone interface and that it developed and innovated the ‘C’ shaped interface with a view to cater to the wave of earphones intended to be worn for an extended period of time.It was stated that Exotic Mile Private Limited which produces technology products like earphones, smart watches, over the ear headphones and speakers under the brand name Boult, is infringing the Freebit patent..The single-judge rejected the plea noting that Freebit had not approached the Court with clean hands and had furnished incorrect information regarding the corresponding international applications in respect of the patent and their status in various jurisdictions.The Single-judge also held that there was a credible challenge to the validity of Freebit’s patent..The division bench agreed with the single-judge’s and said that his conclusion cannot be faulted with..Senior Advocate Rajeshekhar Rao along with advocates Aditya Verma, Tanya Varma, Devyani Nath and Prithvi Gulat appeared for Freebit AS.Exotic Mile Private Limited was represented by Senior Advocate Jayant Mehta along with advocates Gaurav Miglani, Tarun Gandhi, Sharabh Srivastava, Nanki Aneja and Gaurvi Arora. .[Read Judgment]