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ARTICLE · 11 JUNE 2024

Is India The Next Big Destination For Relief To SEP Owners?

Anand & Anand
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Amid increasing activity in standard essential patent (SEP) disputes leading to settlements between players such as Nokia-OPPO and Kigen-Thales, a recent Delhi High Court decision in Ericsson v Lava...

IndiaIntellectual Property
Pallavi Bhatnagar
Pallavi Bhatnagar
Gitanjali Sharma
Gitanjali Sharma
Gursimran Singh Narula
Gursimran Singh Narula
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Amid increasing activity in standard essential patent (SEP) disputes leading to settlements between players such as Nokia-OPPO and Kigen-Thales, a recent Delhi High Court decision in Ericsson v Lava has put India at the forefront as one of the most favourable destinations for SEP owners. This decision, along with recent developments in Indian jurisprudence, has unequivocally shown that Delhi High Court is an equal participant in adjudicating a "FRAND dance".

Two vital paradigm shifts

The first paradigm shift. The seed of India's remarkable growth in SEP jurisprudence was sown in 2009, when Philips sued local DVD manufacturers, claiming patent infringement. In the next few years, from 2013 to 2015, Ericsson sued Indian mobile device manufacturers for SEP infringement. A decade since, India has shaped its SEP jurisprudence with decisive pronouncements in many high-profile disputes, causing two vital paradigm shifts. The first shift occurred when the Indian

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