Delhi High Court Awarded Damages On FRAND Terms In A SEP Infringement Litigation

Mr. Abhai Pandey along with Mr. Joginder Singh analyse the recent decision of the Delhi High Court in a SEP infringement suit filed by Phillips, one of the first decisions of DHC after a full case trial, wherein the Court awarded damages against the defendants on FRAND terms.

In one of the first decisions pronounced after a full trial of a patent infringement suit related to ICT domain, the Delhi High court upheld that Philips’s Patent IN184753 was a standard essential patent in respect of DVD playback technology and was infringed by the Defendants. The decision is path-breaking to the effect that the Court recognized the essentiality of the patent related to the DVD playback technology, found the acts of the defendant infringing but also awarded damages in favor of the Plaintiff Phillips in accordance with FRAND terms.

Details of the analysis as featured in Mondaq can be viewed here >>