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.