Tuesday, July 12, 2016

FRAND in India: Delhi High Court Grants Ericsson Another Preliminary Injunction

On the Spicy IP Blog, Inika Charles has published a post on Ericsson v. Lava, another FRAND case in which Judge Singh has granted Ericsson an interim injunction based on the defendant's alleged unwillingness to negotiate.  Opinion here. One interesting point is the judge's conclusion that the defendant did not negotiate in good faith, given that (among other things) Ericsson had provided information about other license agreements "at a high level" though without revealing specific terms which were the subject of confidentiality agreements, and that Ericsson's offer to Lava was consistent with the terms granted in interim orders entered against defendants sued by Ericsson (see para. 53 p. 35 of the opinion).  I wonder if this sort of issue will be litigated in other cases around the world; as noted in yesterday's post on the recent German FRAND case, the courts in Germany appear to be of the view that SEP owners must make an initial offer in the FRAND range in order to qualify for an injunction, but will they have sufficient information to know what a FRAND offer is without access to other agreements?   

For previous coverage on this blog of the developing FRAND case law in India, see, e.g., here, here, and here.

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