Vaishali Mittal

Litigation Partner & Strategist
  • Experience: Over 17 years of experience in litigation, prosecution, drafting and advisory to various Fortune 500 companies and other leading organizations worldwide on disputes concerning patent, trademarks, copyright infringement and passing off etc.;
  • Enrollment: 2003 with the Bar Council of India;
  • Education:
    ■ L.L.B (Gold-medalist) from Jamia Milia Islamia University, Delhi (2000-2003);
    ■ Bachelor of Arts (History), Delhi University (1997-2000)
  • Associations: Member of the (AIPPI) Association Internationale pour la Protection de la Propriété Intellectuelle, International Trademark

ACHIEVEMENTS/ACCOLADES:

(1) Represented Koninklijke Philips N.V. before the Delhi High Court in two landmark heavily contested patent battles namely: Philips v. KK Bansal; Philips v. Rakesh Bansal, securing India’s first final judgment on the issue of Standard Essential Patents.
(2) Represented Nokia in various pre-suit mediation claims concerning infringement of Standard Essential Patents before the Delhi High Court.
(3) Represented Koninklijke Philips N.V. before the Delhi High Court in two landmark heavily contested design and infringement of trademark lawsuits namely: Philips v. Amazestore & Ors. and Philips v. Amitkumar Kantilal Jain & Ors, securing a landmark judgment on the highest ever quantum of damages in a copyright, trademark and design infringement case in India
(4) Represented Astrazeneca AB before the Delhi High Court against leading pharmaceutical companies Emcure Pharmaceuticals Limited and MSN Laboratories Limited in a highly contested patent infringement lawsuit, securing an ad interim injunction in favor of Astrazeneca.
(5) Represented Toyota Motor Corporation, before the Delhi High Court and the Supreme Court of India, in Toyota v. Deepak Mangal, India’s landmark judgment on the issue of trans-border reputation.
(6) Represented John Deere in Deere & Co. & Anr. v. Mr. Malkit Singh & Ors.; India’s first judgment recognizing a color combination of green and yellow as a trademark.
(7) Represented John Deere in Deere & Co. v. S. Harcharan Singh & Ors.; India’s first judgment declaring a color-combination as a well-known trademark.
(8) Represented Koninklijke Philips N.V. in Maj. Sukesh Behl v. Philips; securing a landmark judgment providing much-needed relief to patent holders from strict liability under the disclosure regime of section 8 of the Patents Act, 1970.
(9) Represented Sanofi S.A., pharmaceutical company in Sanofi v. Kirti B. Maheshwari before the Delhi High Court, which saw the first instance of judicial recognition that “trade-secret” disputes could be considered as “commercial disputes” under the Commercial Courts Act, 2015.This is despite there being no statutory recognition of trade-secrets as intellectual property in India.
(10) Represented Vifor Pharma International (Galenica Group), pharmaceutical company in Vifor v. High Court of Delhi in a writ petition before the Delhi High Court resulting in, to the relief of scores of intellectual property owners, a stay of the transfer of at least 20,000 intellectual property lawsuits (valued under INR 1 crore) from the High Court to subordinate district courts, in the aftermath of the promulgation of the Commercial Courts Act, 2015.
(11) Represented BIC Cello Limited, before the Delhi High Court in a pre-suit mediation namely: BIC Cello v. Flair Pens Limited, settling a high stake claim between the companies concerning design infringement and trade dress passing off.
(12) Represented Music Broadcast Limited, formerly known as Music Broadcast Pvt Ltd in India’s first compulsory licensing complaint & secured first twenty licenses in its favour;
(13) As part of pro bono engagements, represented and assisted the Lysosmal Storage Disorders Support Society in an ongoing writ petition before the High Court of Karnataka in India;
(14) Secured declarations of Well-Known status of several trademarks as per section 2 (1) (zg) of the Trade Marks Act, 1999, including; Mitsubishi; Pulse, JIO, Honeywell; Microsoft; WWE, Rajnigandha etc.
(15) Appointed as a Mediator by the Delhi High Court to facilitate amicable settlement of a complex copyright and design dispute.

TRANSACTIONAL AND ADVISORY

(1) Led the Intellectual Property arm of the team representing Embibe (Individual Learning Private Limited), an Artificial Intelligence based startup pioneering in the education industry, in its acquisition by one of the world’s biggest companies, Reliance Industries, in a multi-million dollar deal in India.
(2) Assisted the Sports Development Authority of India in the development of a “Sports Code” for India with a writ petition seeking its implementation presently pending before the Delhi High Court;
(3) Legal advisor, assisting and spearheading various transactions with leading companies securing protection for their Intellectual Property and other legal compliances in India on issues such as Advertisement-Media campaigns, regulation requirements for electric products imports, imports of milk and other health hygiene products for infants etc.

PUBLICATIONS & PRESENTATIONS

(1) An illustrative list of the publications authored and contributed in, as follows:
(i) Author “India” chapters in publications such of Practical Law-Trademark Litigation Guide 2017, Practical Law- Copyright Litigation Guide 2017;
(ii) Author of “India” chapters in publications such as Getting the Deal Through (Right of Publicity – 2016, 2017, 2018 and 2019);
(iii) Author of the article on Toyota PRIUS – Supreme Court decision discussing the landmark judgment Toyota v. Deepak Mangal on the issue of trans-border reputation, published in Asia IP and WIPR Annual 2017;
(iv) Author in WIPR-India Focus (Commercialized court and IP practice) in 2016;
(v) Author of “India” chapters in Thompson Reuters (Trademark and Copyright Litigation Guides, 2018).
(2) Acted as the moderator for the round-table panel discussion on “Plain Packaging Regulations across the world” at the 138th edition of the Annual INTA meet in Barcelona, Spain in 2017.
(3) Special Mention given to “IPONOMICS” in the category of “IP STORIES” by Financial Times – “Most Innovative Lawyers, Asia Pacific Awards, 2018”.
Conceptualized, designed and created the “IPONOMICS” – compilation of legendary IP matters in the form of a coffee table book.
(4) Conceptualized, designed and created the book “ORIGAMI – Best Practices and Procedures of Intellectual Property practice in India”, an in-house publication/knowledge manual for law firms and companies.

RECOGNITIONS/APPRECICIATION

(1) Recognized amongst the “Top 15 Dispute Lawyers in India” across all verticals by Asian Business Law Journal in 2019;
(2) Recognized amongst the “Star Women in Law” Awards at the Legal Era-Woman in Law Awards 2019
(3) Recognized in the “IAM 300” Strategy list of 2019;
“Vaishali Mittal is a leading light in India regarding SEPs; she recently litigated – and won – the country’s first SEP judgment. An engine of Anand and Anand’s patent practice, Mittal is an outstanding advocate and deal negotiator.”
(4) Appointed as the Member of the Member of the Standing Committee on ADR (Alternate Dispute Resolution Committee) at the AIPPI, up until December, 2021
(5) Appointed as the coveted member of the INTA committee for: Famous and Well-Known Marks Committee for the term 2020-2021.
(6) Leading team member in the dispute Koninklijke Philips Electronics Vs. Rajesh Bansal, winning the “Impact Case of the Year” at MIP Asia Awards 2019; “Milestone Case of the Year” at Legal Era Awards, 2019;
(7) Winner of “40 under 40 – Rising Star award” at the Legal Era Awards, 2017