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Lava stopped from selling devices that infringe Ericsson’s patents

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…

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