Delhi High Court partially vacates interim injunction with respect to Ericsson’s 3G SEPs

Bharadwaj, Ashish (2016) Delhi High Court partially vacates interim injunction with respect to Ericsson’s 3G SEPs. Journal of Intellectual Property Law & Practice, 11 (12). pp. 873-875. ISSN 1747-1540

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The temporary injunction granted against Xiaomi in December 2014 for patent infringement and for refusing to enter into a licensing agreement with Ericsson was lifted by the Delhi High Court for two 3G standard essential patents on the ground of concealment of information by Ericsson. This ruling is important for the establishment, enforcement and maintenance of patent rights in India. Amidst the on-going litigations concerning telecom SEPs, it throws light on the conduct of both licensor and licensee in the context of a patent licensing agreement. The temporary order against Xiaomi was lifted because of Ericsson’s failure to disclose relevant information to Xiaomi. The court established unequivocally that consent must be acquired from a patent holder before the use of its patents, but also clarified that injunctive relief granted by courts to SEP holders can very well be discharged, varied or set aside with the help of applications under Order XXXIX, Rule 4 of the Code of Civil Procedure, 1908.

Item Type: Article
Keywords: Standard Essential Patents (SEP) | Patent Litigation India | FRAND | Intellectual Property Rights | Patent Licensing
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 23 Apr 2022 09:54
Last Modified: 23 Apr 2022 09:54
Official URL:


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