First final judgment on SEPs significant for future disputes

Standard Essential Patents (SEPs) have been creating quite a buzz across developed economies. What looked like a secondary aspect in the “phone wars” between giants in the field soon exploded into a realm of its own, dominating discussions in the legal and commercial world.

So where was India in this inter-linked scheme of SEP wars? Well, it wasn’t far behind insofar as initiation of lawsuits is concerned. However, for a long time India had no decision establishing guidelines on how to litigate an SEP suit, recover royalties successfully, or defeat a claim for infringement.

12 July 2018 marked a milestone in the history of Indian patent law, as the Delhi High Court passed the first final judgment in two civil suits concerning infringement of Standard Essential Patent [Koninklije Philips NV v Rajesh Bansal, and Koninklije Philips v Bhagirathi Electronics & Ors].

PRAVIN ANAND is managing partner and SIDDHANT CHAMOLA is a senior associate at Anand and Anand