Vaishali Mittal

Introduction

Vaishali Mittal is a competitive lawyer steering clients through high-stake litigations before the Supreme Court of India and the Delhi High Court, besides providing strategic advice on day-to-day business.

A partner at Anand and Anand, Mittal has 21 years of experience advising and representing clients and has been involved in a large number of complex landmark standard essential patent cases. Some of the recent cases include: India’s first judgment on product-by-process patent (Vifor v MSN Labs); India’s first pro-tem security order (Nokia v Oppo); India’s first anti-anti-suit injunction (Interdigital v Xiaomi); the decision equating species patent with selection patent (AstraZeneca v Natco); and the landmark judgment on issue of claim constructions (ITW v Dabico). She was also the strategic mind behind the Nokia-Lenovo multi-year, multi-technology patent cross-license agreement.

Abreast with advancing technologies, Mittal recently pushed the bar higher with several personality rights cases where her research led to the discovery of dark patterns and misuse of generative AI. She engendered path-breaking John Doe orders in several cases involving infringement of personality rights of celebrities such as Amitabh Bachchan (in Amitabh Bachchan v Rajat Negi) and Anil Kapoor (in Anil Kapoor v Simply Life India).

She has also secured well-known status for several trademarks including the most recent victory in a rather unusual case that had “Verizon” being declared well-known by the Delhi High Court with Mittal accomplishing the feat of proving the brand’s reputation and goodwill beyond its own domain.

Beyond IP, Mittal puts her courtcraft to good use in pro bono cases such as Lysosomal Storage Disorders Support Society (LSDSS) vs State of Karnataka where she secured free medical aid for children braving rare genetic disorders after several years of legal battle with the state.

Her body of seminal work has earned her awards and accolades from leading benchmarking agencies. Many of her cases, including Interdigital v Xiaomi and the Nokia-Lenovo agreement, have been identified as award-winning deals/cases from India.