SEP Archives

Nokia Vs. Oppo: Standard Essential Patents and Deposit during Suit Pendency

In a recent Delhi High Court order, Nokia’s application to deposit royalty payments due from Oppo for the use of Nokia’s Standard Essential Patents (SEPs) was rejected. The SEPs in question relate to 2G, 3G, 4G, and 5G technologies. Read More Continue Reading Nokia Vs. Oppo: Standard Essential Patents and Deposit during Suit Pendency

November 28, 2022 Dr. Kalyan C. Kankanala Intellectual Property, Patents 0Comment 2215Views 0Like

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Pressing Need to Clear the Muddy Waters: SEP Litigation in India

This guest post is authored by Meena Annamalai, a fourth year law student from the School of Excellence in Law, Tamil Nadu, Dr. Ambedkar Law University Indian jurisprudence saw the birth of Standard Essential Patent (SEP) litigation only in 2009 when Koninklijke Philips Electronic N.V filed two suits in the Delhi High Court (DHC) alleging infringement of its Patent which was a SEP for a DVD Video Player. The judgment[i] pronounced by the DHC in this case…

July 2, 2020 BananaIP Reporter Intellectual Property, Patents 0Comment 2025Views 0Like

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The featured image shows the image of a traffic light and the words No, Maybe, Yes where the yes is ticked. The post is about the recent finding of the Delhi high court in the case of ericsson versus CCI. To read more click here.

Delhi High Court finds CCI Competent

In the most recent development in the Ercisson versus CCI battle, the Delhi High Court on the 30th of March, 2016 has dismissed the petition filed by Ericsson in the case of Telefonaktiebolaget LM Ericsson (Publ). v. Competition Commission of India & Anr. In the order passed by Justice Vibhu Bakhru, the court stated that ”Merely because certain reliefs sought by Micromax and Intex before CCI are also available in proceedings under the Patents Act does not exclude the subject…

April 2, 2016 BananaIP Reporter Intellectual Property, Patents 0Comment 1027Views 0Like

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Standard Essential Patents : Fair? Reasonable? Non-Discriminatory? (I)

Standard Setting Organizations (SSOs) set standards and essential features that must be fulfilled by specific essential items, materials, components, systems or services. Few examples of such SSOs in India are Bureau of Indian Standards (BIS), Telecom Standards Development Society of India (TSDSI), Telecommunication Engineering Centre (TEC), The Global ICT Standardization Forum for India (GISFI) and Development Organization of Standards for Telecommunications in India (DOSTI). When such specific essential item, material, component, system or service is in conformity with the set…

March 25, 2016 BananaIP Reporter Patents 0Comment 1018Views 0Like

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Samsung and Huawei Lose Patent Fight against Unwired Planet

In a recent development in the realm of SEP’s , a US technology firm; Unwired Planet, Inc. has won the first round against electronic giants Samsung and Huawei over a mobile communication technology said to be essential to the 4G telecommunication system. The interim judgment was passed by the UK Patents Court against as many as 8 parties including Samsung, Huawei, Google and its subsidiaries, and Ericsson earlier this year in July 2015. In March 2014, Unwired Planet brought a…

November 25, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 877Views 0Like

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Featured image reads Patents, as the post is about patent infringement. To read the post click here.

Infringement Analysis of SEPs

Standards are important for the purposes of compatibility and inter operability of components/devices and products. Technical standards mainly decide the interoperability in operation. These standards are mainly defined and set by a competent body such as an SDO (Standards Development Organization), even though there is no universally set standard used to qualify a patent as an essential patent. The process of qualifying and determining a patent as a standard essential patent(SEP) may depend on many factors, such as the type…