Vaishali R Mittal

Litigation Partner & Strategist

BIOGRAPHY

Vaishali R Mittal is a litigation partner and strategist at Anand and Anand. Vaishali has been engaged as a lead in many firsts and also some of the most ground-breaking IP matters including India’s first Judgement on product-by-process patent, country’s first protem security order, India’s first Anti-AntiSuit injunction, India’s first final judgment on Standard Essential Patents interpretation of Section 8 of the Patents Act to the benefit of patent-holders; first compulsory licensing order for radio broadcasters under Copyright Act; India’s first judgment declaring colour combination (green & yellow) a well-known trademark; landmark judgement on trans-border reputation, landmark judgment on aggravated damages being the highest ever quantum in a copyright, trademark and design infringement case, to name a few. She is better known as “leading light” in India for Standard Essential Patents, an epithet given by IAM 300.

PRACTICE FOCUS

Vaishali focuses on litigation and dispute resolution. She has over 20 years of experience in litigation, prosecution, drafting and advisory work to various Fortune 500 companies and other leading organizations worldwide on disputes concerning patent, trademarks, copyright infringement and passing off, etc. She frequently appears before the Supreme Court of India and the High Court of Delhi where she handles some of the most hotly contested matters to protect the patents of global pharma majors and the mark of leading businesses. Given her court craft and innovative strategies, a leading publication once described her as the “engine of Anand and Anand’s patent practice, an outstanding advocate and deal negotiator”. Another celebrated publication recently ranked her amongst noteworthy IP litigators while identifying her as “a rising star in the litigation space especially noted for her expertise in SEPs”.

Vaishali has been consistently recognised as a leader in intellectual property by some of the most prestigious bench-marking tables. She has been complimented by her clients that “Her strategies reflect global insight and commercially well-informed approach”. Outside courts, Vaishali combines her knowledge and ingenuity in penning article for renowned publications like GTDT, Asia IP, MIP etc.

 

REPRESENTATIVE LEGAL MATTERS

The following is a partial listing of some of the path-breaking matters handled by Ms Mittal.

  • Vifor International v MSN Labs & Ors – India’s first judgement on Product-by-Process Patent
  • Nokia v Oppo – India’s first protem security order
  • InterDigital Corp & Ors v Xiaomi Corp & Ors – India’s first Anti-Anti Suit injunction
  • Multi-year, Multi-technology Patent Cross-license Agreement between Nokia and Lenovo, and settlement of all pending patent litigation worldwide.
  • Renaissance Hotel Holdings Inc v B Vijaya Sai & Ors:- first decision from the Supreme Court of India clearly distinguising between section 29 (2) and section 29 (4) of the Trade Marks Act, 1999.
  • Lysosomal Storage Disorders Support Society (LSDSS) vs State of Karnataka – represented the petitioner pro bono and secured free medical aid for children braving rare genetic disorders after several years of legal battle with the State and the Centre.
  • Represented Koninklijke Philips N.V. before the Delhi High Court in two 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.
  • Represented Nokia in various pre-suit mediation claims concerning infringement of Standard Essential Patents before the Delhi High Court.
  • 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.
  • 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.
  • 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.
  • 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.
  • Represented John Deere in Deere & Co. v. S. Harcharan Singh & Ors.; India’s first judgment declaring a color-combination as a well-known trademark.
  • 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.
  • Represented Sanofi S.A., 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.
  • Represented Vifor Pharma International (Galenica Group), a 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.
  • 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.
  • Represented Music Broadcast Limited, formerly known as Music Broadcast Pvt Ltd in India’s first compulsory licensing complaint & secured the first twenty licenses in its favour.
  • 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.
  • Appointed as a Mediator by the Delhi High Court to facilitate an amicable settlement of complex copyright and design dispute.
  • Led the Intellectual Property arm of the team representing Embibe (Individual Learning Private Limited), an Artificial Intelligence-based start-up pioneering in the education industry, in its acquisition by one of the world’s biggest companies, Reliance Industries, in a multimillion-dollar deal in India.
  • 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;
  • 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.

 

THOUGHT LEADERSHIP

Vaishali is also the creative mind behind ‘IPONOMICS’, a picturesque coffee table book co-authored by her compiling legendary IP matters; ‘Origami’, an in-house knowledge manual on Best Practices and Procedures of IP practice in India, for law firms and companies. She also conceptualized and created ‘IP Thinker’ a digital newspaper to celebrate World IP Day, 2020. Outside of courts, Vaishali combines her knowledge and ingenuity of a writer in authoring various chapters and articles in renowned publications like GTDT, Asia IP, MIP etc. Some of her recent works are:

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS

  • Member of AIPPI
  • Member of APAA
  • Member of INTA
  • Bar Council of India
  • Delhi High Court Bar Association

COMMUNITY INVOLVEMENT

Always ready to give back to the society, Vaishali represented pro bono the Lysosmal Storage Disorders Support Society (LSDSS) in a writ petition which, after five years of legal tussle, resulted in the Karnataka High Court directing the State and the Centre to forthwith to provide Rs 6 cr for free medical treatment of 45 children suffering from life-threatening rare disorders. The order’s ripple effect manifested itself in Madras HC coming to the aid of patients with life-threatening rare diseases. Setting this is a precedent, several other High courts have now passed similar orders.

In another matter, which is the first civil suit to be filed during the Lockdown, the cost paid by the defendant went towards the treatment of a COVID-19 patient.

AWARDS AND RECOGNITIONS

Recognitions at firm level:

  • Vifor CCI matter – IBLJ Deal of the Year 2022
  • InterDigital vs Xiaomi – IBLJ Deal of the Year 2020 and MIP India Case of the Year at Asia Pacific Awards 2023
  • Nokia and Lenovo Multi-year, Multi-technology Patent Cross-license Agreement – IBLJ Deal of the Year 2021

Individual Recognitions

Year 2024

  • Ranked in IP Litigation department of Chambers and Partners Asia Pacific Guide 2024
  • WTR 1000 recommended individual
  • IBLJ A-List 2023-24 

Year 2023

  • IBLJ A list lawyer 2022-23
  • Lexology Client Choice Award
  • Ranked in IP Litigation department of Chambers and Partners Asia Pacific Guide 2023
  • Leading Individual – Legal 500 Asia Pacific Rankings 2023
  • ALB India Top IP Lawyers 2022
  • IAM Patent 1000 2023 (Gold Band) 

Year 2022

  • Ranked in IP Litigation department of Chambers and Partners Asia Pacific Guide 2022
  • MIP IP Stars 2022 – Patent Star
  • Leading Individual – Legal 500 Asia Pacific Rankings 2022
  • IBLJ A list lawyer 2021-22
  • AsiaIP IP Expert
  • Ranked amongst Asia’s Top 15 Female 2022 Lawyers by Asian Legal Business
  • IP Stars 2022 – Patent Star by Managing Intellectual Property
  • IAM Strategy 300 Global Leaders 2022
  • World’s Leading Patent Professionals IAM 1000 2022
  • ALB Asia Top 15 Female Lawyers for 2022
  • Leaders League Leading Lawyer – patent and trademark
  • Lexology Client Choice Award
  • ALB India Top Dispute Lawyers 2022

Year 2021

  • Ranked in IP Litigation department of Chambers and Partners Asia Pacific Guide 2022
  • MIP IP Star 2021
  • Ranked amongst Top IP Litigators in India 2021 by Thomson Reuters Asian Legal Business
  • Amongst Top 10 Women in IP – ASSOCHAM IP Excellence Awards 2021
  • WIPR Diversity Women in IP 2021
  • Amongst ‘Top Individual Lawyers’ for ‘IP’ and ‘Pharma & Life Sciences’ -Forbes Legal Powerlist 2020
  • ‘Leading Individual’ – Legal 500 Asia Pacific Rankings. Recognized as “leading name in patented technology litigation, specifically regarding SEPs in the telecoms sector.”
  • World’s Leading Strategists – IAM 300 Global Leaders
  • World’s Leading Patent Professionals IAM 1000 & IAM 300 (2021)

BAR ADMISSION AND EDUCATION

  • L.L.B (Gold-medalist) from Jamia Milia Islamia University, Delhi (2000-2003);
  • Bachelor of Arts (History), Delhi University (1997-2000)

Vaishali was called to the Bar in year 2003 and has been practicing ever since.