Please use this identifier to cite or link to this item: http://hdl.handle.net/10739/878
Title: Delhi High Court partially vacates interim injunction with respect to Ericsson’s 3G SEPs
Other Titles: Interim injunction in 3G Standard Essential patents
Authors: Bharadwaj, Ashish
Jindal Global Law School
Keywords: Standard Essential Patents (SEP)
Patent Litigation India
FRAND
Intellectual Property Rights
Patent Licensing
Issue Date: Nov-2016
Publisher: Oxford University Press, Oxford
Citation: Bharadwaj, Ashish. (2016). Delhi High Court partially vacates interim injunction with respect to Ericsson’s 3G SEPs. Journal of Intellectual Property Law & Practice, Vol 11 No 12: 873-75.
Abstract: 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.
URI: https://doi.org/10.1093/jiplp/jpw161
http://hdl.handle.net/10739/878
ISSN: ISSN 1747-1532
EISSN 1747-1540
Appears in Collections:JGU Research Publications

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