PatentAllowed 10 June 2016
Telefonaktiebolaget LM Ericsson (PUBL) v. Lava International Ltd
I.A. Nos.5768/2015 & 16011/2015 in CS(OS) No.764/2015
- Court
- Delhi High Court
- Bench
- MANMOHAN SINGH, J.
- Outcome
- Allowed
- Date of judgment
- 10/6/2016
Statutory provisions
Section 3(k), Indian Patents Act 1970 — Non-patentable inventions (algorithms, computer programs)Section 48, Patents Act 1970 — Rights of patenteesOrder XXXIX Rules 1 & 2, Code of Civil Procedure — For temporary injunctions
Key issue
Whether the plaintiff has established a sufficient prima facie case of patent infringement and whether the defendant is an unwilling licensee, warranting an interim injunction.
Summary
This case involves a patent infringement dispute where Telefonaktiebolaget LM Ericsson (Plaintiff) sought to prevent Lava International Ltd (Defendant) from using its patented technologies in mobile devices. The Plaintiff argued that eight of its patents were 'Standard Essential Patents' (SEPs) necessary for 2G, EDGE, and 3G telecommunication technologies, and that the Defendant was infringing them by not taking a license on FRAND (Fair, Reasonable, and Non-Discriminatory) terms. The Defendant challenged the validity and essentiality of the patents, claiming they related to non-patentable algorithms and that there was no infringement. The court found that the Plaintiff had made a strong initial case of infringement and that the Defendant appeared unwilling to enter a FRAND agreement in good faith.
Result: The plaintiff's application for interim injunction was allowed, while the defendant's counter-application was dismissed. The defendant was injuncted from manufacturing, importing, or selling infringing devices unless a security deposit of Rs. 50 crores was made.
Tags
#FRAND terms#Interim injunction#Patent infringement
Judgment PDFOpen in new tab
TM