Vaishali Mittal

Litigation Partner & Strategist

SUMMARY

A Litigation Partner and Strategist at Anand and Anand, Vaishali Mittal joined the firm in 2003.

Designated as a “leading light” in India for SEPs, Ms Mittal has to her credit India’s first post-trial SEP judgement. She is described as an “engine of Anand and Anand’s patent practice, an outstanding advocate and deal negotiator” by the IAM 300.

Behind her is over 17 years of rich experience in litigation, prosecution, drafting and advisory to various Fortune 500 companies and other leading organisations worldwide on disputes concerning patents, trademarks, copyright infringement and passing off.

EXPERIENCE

  • 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.
  • 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., 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), 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 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 amicable settlement of a 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 multi-million-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

Outside of courts, she authors articles in renowned publications like GTDT, Asia IP, MIP etc. She has also created ‘IPONOMICS’, a picturesque coffee table book co-authored by her compiling legendary IP matters and ‘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.

PROFESSIONAL INVOLVEMENT

  • Member of AIPPI
  • Member of APAA
  • Member of INTA

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 treatment of a COVID-19 patient.

AWARDS AND RECOGNITIONS

  • Recognized in the “IAM 1000” Patent list of 2019 & 2020

“Vaishali Mittal has many benchmark litigation wins to her name. She thrives in the cut and thrust of heavily contested and multi-layered IP suits, coming through with tight strategies, tenacity and persuasive advocacy.”

  • Recognized in the “IAM 300” Strategy list of 2019 & 2020;

“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.”

  • Recognized amongst the “Super 50 Lawyers in India” by Asian Legal Business Law Journal 2020;
  • Recognized amongst the “Top 15 Dispute Lawyers in India” across all verticals by Asian Business Law Journal in 2019;
  • Recognized amongst the “Star Women in Law” Awards at the Legal Era-Woman in Law Awards 2019
  • Recommended lawyer by Expert guides-patents 2019
  • Appointed as the Member of the Member of the Standing Committee on ADR (Alternate Dispute Resolution Committee) at the AIPPI, up until December, 2021
  • Appointed as the coveted member of the INTA committee for: Famous and Well-Known Marks Committee for the term 2020-2021.
  • 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;
  • Winner of “40 under 40 – Rising Star award” at the Legal Era Awards, 2017

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.