An earlier post on case law on Standard Essential Patents (SEPs) in India looked at decisions published until 2021. This very comment updates the analysis by covering more recent cases occurred in the latest two years, specifically focusing on the availability of interim injunctive relief for SEP owners and FRAND terms.
In the recent proceedings between tech companies Intex and Ericsson (FAO(OS) (COMM) 296/2018, and FAO(OS) (COMM) 297/2018), in March 2023, the High Court of Delhi held that a SEP owner has a right to be granted an interim injunctive relief, with the payment of royalties in full, irrespective of the pendency of suits for deciding if a SEP is valid and essential or not.
In the proceedings, Intex contended that Ericsson’s SEPs were not valid and essential, and filed a revocation petition to declare Ericsson’s SEPs as invalid. It further argued that the license terms were not FRAND compliant as Intex was using only eight patents and Ericsson had provided terms for a whole global portfolio which Intex found to be unfair. Read more