Litigation partner and strategist Vaishali Mittal joined Anand and Anand in 2003.
A fierce IP litigator and a strategist known for her novel concepts and cutting –edge skills in SEP space, Vaishali’s body of seminal work stretching over 18 years includes landmarks such as India’s first anti-anti-suit injunction (InterDigital Technologies v. Xiaomi); first compulsory licensing order for radio broadcasters under the Copyright Act; India’s first judgment declaring colour combination a well-known trademark; judgment on trans-border reputation; India’s first final judgment on SEPs; and a landmark judgment on aggravated damages awarding the highest-ever damages in a copyright, trademark and design infringement case.
When not on her legs in the court, Vaishali writes for renowned publications like the MIP, Asia IP, IBLJ, Chambers and Partners, Kluwer Patent Blogs etc.
Always shifting paradigms and breaking the stereotypes of the done thing, she has also co-authored IPONOMICS, a coffee-table book compiling legendary IP matters; Origami, an in-house knowledge manual on best practices and procedures in IP practice in India for law firms and companies and IP Thinker, a digital newspaper to celebrate World IP Day 2020.
Vaishali is truly a lawyer with eclectic interests and a knack for engendering unique strategies and rare orders.
Highlights of her path-breaking work
- India’s first Anti-Anti-Suit Injunction (InterDigital vs Xiaomi)
- Represented Koninklijke Philips NV in two patent disputes, Philips v KK Bansal and Philips v Rakesh Bansal, securing the first final decision in SEP litigation in India
- landmark judgment on aggravated damages being the highest ever quantum in a copyright, trademark and design infringement case (Philips vs Amazestores)
- Represented Vifor Pharma International (Galenica Group) in Vifor v High Court of Delhi in a writ petition resulting in, to the relief of many IP owners, a stay on transfer of at least 20,000 IP lawsuits (valued under R10 million) from the High Court to subordinate courts in wake of the Commercial Courts Act 2015
- Represented Nokia in various pre-suit mediation claims concerning SEP infringement
- Secured an interim injunction for Astra Zeneca in a patent infringement suit against pharma majors Emcure and MSN Laboratories
- Secured relief for patent holders from strict liability under the disclosure regime of Section 8 of the Patents Act in a landmark judgement in Maj Sukesh Behl v Philips
- India’s first judgment declaring colour-combination (green & yellow) a well-known trademark;
- Landmark judgement on trans-border reputation
Awards & Recognitions:
- World IP Review (WIPR) Influential Women in IP – 2021 edition of WIPR Diversity
- Amongst ‘Top Individual Lawyers’ for ‘IP’ and ‘Pharma & Life Sciences’ -Forbes Legal Powerlist 2020
- Leading Individual 2020-21 – Legal 500 Asia Pacific Rankings
- IAM Patent 1000 World Leading Patent Professional (2019 – 2021)
- World’s Leading Strategists – IAM 300 Global Leaders
- IAM 300 (2019 & 2020)
- Best Trademark Lawyer 2020 – Euromoney’s Women in Business Law
- IP Expert 2020 – AsiaIP
- Women in Business Law 2020 – Expert Guides
- Super 50 Lawyers in India 2020 – Asian Legal Business
- Top 15 Dispute Lawyers in India 2019 & 2020 – Asian Legal Business
- AsiaIP IP Expert 2020
- Expert Guides Recommended Lawyer- Patents 2019