Our readers may be aware that Intex filed a complaint against Ericsson with the Competition Commission of India (CCI) alleging abuse of dominance by the Ericsson whilst negotiating a Standard Essential Patents (SEPs) licensing agreement in 2013. The dispute took a new turn on 15th April 2014, when Ericsson sued Intex at the Delhi High Court for infringement of eight Standard Essential Patents (SEPs).
The matter came up for hearing before Justice R S Endlaw. Ericsson argued that Intex’s tactics for licence procurement were barely satisfactory, thus it was demonstrably an “unwilling licensee”. Ericsson sought an ad-interim injunction on this ground, in the light of the fact that it had successfully obtained such injunctions previously ( against Micromax, Gionee, Kingtech).
However, the Judge found that the parties had been in negotiations since 2008, and had communicated a day prior to filing of the suit for the present injunction, therefore the protection could not be granted. The next hearing on the matter is due on May 8. We shall keep our readers posted on the developments.
For more information readers may check the causelist for the said date.
Dear Anubha,
Its indeed an achievement for you Mam to report an event like this with such blitzing speed.
But all the shine fades away the moment you start depending on hearsay and not on facts. I sincerely wish that you had read the Order, heard the arguments and atleast made yourself acquainted with entire facts before reporting in the manner you have.
—
One who is also following the case closely.
Swift reporting,
Would appreciate if you could share the order and/or correct me wrt the hearsay bit.
In anticipation of a “swift” revert,
Anubha
For you kind information and perusal please.
http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=81030&yr=2014
Thank you!
For your kind information please, the Judgment in the aforesaid matter is out and can be found at:
http://lobis.nic.in/dhc/MAN/judgement/16-03-2015/MAN13032015S10452014.pdf
—
bPk
(and I am also surprised as to how it has gone unreported by SPICYIP for so long!!)