Author name: Rajiv Kr. Choudhry

One of the first things that law students are taught is that among the various rights granted by a sovereign, patents too are territorial in nature.  Simply put, patents granted by India are valid in India, and not valid in United States (US) or Pakistan, etc. and vice versa. Existing scholarship including case law in the US, focuses on the outbound impact of intellectual property rights (IPR), with patent laws being the focus of attention.  See, for example, US 35

In a decision issued by the US Federal Circuit that will have major repercussion on the evaluation models for standard essential patents (SEPs), the  court gave substantial guidelines for determining an appropriate royalty base on which a royalty figure may be applied. In VirnetX, Inc. v. Cisco Systems, Inc. (No. 2013-1489), the appeals court held that the district court had wrongly instructed the jury that in determining the royalty base for calculating damages, it should not use the value of the entire

Our readers would remember that some time back we had carried a post on the dispute between Vringo & ZTE.  As a background, Vringo had filed two different law suits against ZTE.  One law suit was filed by Vringo / Vringo Infrastructure Inc.  against ZTE India, and Xu Dejun in November 2013 (“Nov. law suit”), and we had covered this law suit in our post in great detail.  The Nov. law suit alleged that ZTE had infringed Vringo’s Indian patent