Vaishali Mittal

Vaishali Mittal

Partner

Anand & Anand

India

First Channel Building
Plot No. 17 A, Sector 16 A, Film City
Noida 201301
India

Telephone:

+91-120-4059300

E-mail Address:

vaishalimittal@anandandanand.com

Vaishali Mittal

Areas of Expertise

Litigation, Licensing & Franchising

Overview

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 posttrial 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 lie 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.
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.

 

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:
a. Author “India” chapters in publications such of Practical Law-Trademark Litigation Guide 2017, Practical Law- Copyright Litigation Guide 2017;
b. Author of “India” chapters in publications such as Getting the Deal Through (Right of Publicity – 2016, 2017, 2018 and 2019);
c. 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;
d. Author in WIPR-India Focus (Commercialized court and IP practice) in 2016;
e. 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”.
4. Conceptualized, designed and created the “IPONOMICS” – compilation of legendary IP matters in the form of a coffee table book.
5. 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

Articles

The interplay between Indian design and trademark law: Peaceful in 2D, complicated in 3D?

The interplay between Ind...

Complications of 2D and 3D shape protections.

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Landmark Judgment: India’s First Judgment on Standard Essential Patents

Landmark Judgment: India’...

Long-awaited judgment on standard essential patents.

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The Future If – Artificial Intelligence & Copyright Law

The Future If – Artificia...

Expression and creativity are no loner innate only to humans...

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Paving the ‘Passing Off’ Lane: India’s Toyota Prius Judgment

Paving the ‘Passing Off’...

India's Supreme Court departs from passing off precedents.

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Synergies of Artificial Intelligence, the Internet of Things and Intellectual Property

Synergies of Artificial I...

Should we be concerned about the increasing amount of data o...

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Reshaping the Perception of the Strength of Indian IP law

Reshaping the Perception...

How robust is India's IP regime?

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