wordpress blog stats
Connect with us

Hi, what are you looking for?

, , , , ,

Lava stopped from selling devices that infringe Ericsson’s patents

gavel legal

In a another win for Ericsson, the Delhi High Court issued an interim injunction order preventing Lava from importing, exporting, manufacturing and selling phone models that make use of Ercisson’s patents and technology, reports SpicyIP. Note that this the fifth such case that Ericsson has fought with a mobile manufacturer for patent infringement, while securing an interim injunction against Micromax and Xiaomi in the past.

The court found that Lava is guilty of using Ericsson’s patents related to GSM, EDGE and WCDMA technology. Interestingly the report adds that the recent Lava order is strikingly similar to that of Ericsson vs Intex case in March 2015, wherein Intex was found guilty for infringing exactly the same patents as Lava.

Lava’s phone models used 8 different Standard Essential Patents (SEPs) and it did not sign any licensing/royalty deal with Ericsson for incorporating those patents, Ericsson argued in the High Court. However, the bench mentioned that Ericsson is “the undisputed owner” of the patents in question, and asked whether they were SEPs as claimed by it, the report added.

Lava argued that Ericsson did not provide it with correct technical specification of the patents in question, while the court overlooked Lava’s reasoning and all expert witnesses provided by it. Eventually Lava lost to Ericsson, after the latter maintained a strong prima facie with claims and affidavits to prove the essentially of the standards incorporated by Lava into its phones. Ericsson in fact mapped out the standards that Lava allegedly took from it, and supported the case with necessary tests, and provided expert affidavit wherever mandatory.

The report further stated that Lava had approached a Noida District Court wherein it agreed that the patents it used were in fact SEPs. Lava then requested the court  to direct Ericsson to grant them a license under FRAND principles. Negotiations had taken place between Lava and Ericsson in 2011, wherein Ericsson had approached the latter to enter into a licensing agreement for the SEPs that Lava was incorporating. The court agreed to the fact that Lava had requested for further technical information regarding the SEPs, while Ericsson maintained that they had provided all information as requested. The court then mentioned that Lava’s actions amounted to unwillingness to execute a licensing a deal with Ericsson, and found them guilty.

Advertisement. Scroll to continue reading.

Ericsson’s previous law suits

-In May, the Delhi High Court had agreed in part with Xiaomi that Ericsson concealed relevant information about two of its 3G patents, and withdrew the interim injunction on Xiaomi that was issued by the court in 2014.

-In December 2015, Delhi High Court had extended an injunction against handset manufacturer Micromax to its subsidiary Yu Televentures for violating Ercisson’s patents. Ericsson had filed a patent infringement lawsuit worth Rs 100 crore against Micromax in March 2013. Interestingly, following Micromax’s complaint, in December 2013, the Competition Commission of India (CCI) ordered an antitrust probe against Ericsson for allegedly charging a higher royalty for its GSM technology patents.

-In April 2014, Ericsson had filed a patent infringement lawsuit against Intex for an alleged infringement of its Standard Essential Patents. This lawsuit followed an anti-trust probe (pdf) by CCI in January this 2014, after Intex complained that Ericsson was demanding an exorbitant royalty and unfair terms for its patents.

Image source: Flickr user Brian Turner under CC BY 2.0

Advertisement. Scroll to continue reading.
Written By

MediaNama’s mission is to help build a digital ecosystem which is open, fair, global and competitive.

Views

News

The US and other countries' retreat from a laissez-faire approach to regulating markets presents India with a rare opportunity.

News

When news that Walmart would soon accept cryptocurrency turned out to be fake, it also became a teachable moment.

News

The DSCI's guidelines are patient-centric and act as a data privacy roadmap for healthcare service providers.

News

In this excerpt from the book, the authors focus on personal data and autocracies. One in particular – Russia.  Autocracies always prioritize information control...

News

By Jai Vipra, Senior Resident Fellow at Vidhi Centre for Legal Policy The use of new technology, including facial recognition technology (FRT) by police...

You May Also Like

Advert

135 job openings in over 60 companies are listed at our free Digital and Mobile Job Board: If you’re looking for a job, or...

News

Rajesh Kumar* doesn’t have many enemies in life. But, Uber, for which he drives a cab everyday, is starting to look like one, he...

News

By Aroon Deep and Aditya Chunduru You’re reading it here first: Twitter has complied with government requests to censor 52 tweets that mostly criticised...

News

Google has released a Google Travel Trends Report which states that branded budget hotel search queries grew 179% year over year (YOY) in India, in...

MediaNama is the premier source of information and analysis on Technology Policy in India. More about MediaNama, and contact information, here.

© 2008-2021 Mixed Bag Media Pvt. Ltd. Developed By PixelVJ

Subscribe to our daily newsletter
Name:*
Your email address:*
*
Please enter all required fields Click to hide
Correct invalid entries Click to hide

© 2008-2021 Mixed Bag Media Pvt. Ltd. Developed By PixelVJ