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DELHI HC BECOMES THE GO TO VENUE FOR ADJUDICATING SEP DISPUTES IN INDIA

Banner image from here. image_InterDigitalvXiaomicases.png 39.6 KB A couple of days ago, InterDigital filed two patent infringement law suits against Xiaomi at the Delhi High Court (DHC) for infringement of its standard essential patents (SEPs). The matters are CS(Comm) 295/2020 and 296/2020 for infringement of its patents related to cellular and H.265/HEVC – (video compression) technologies. These are IN262910; IN295912 ; IN298719;  IN313036; & IN320182  for the cellular patents and IN242248 / IN299448 & IN308108 for the video compression patents. InterDigital is seeking injunctive relief apart from compensatory / punitive damages for infrin... Continue reading

CHINESE COURT ISSUES ANTI-SUIT INJUNCTION AS RE PENDING DHC CASE INTERDIGITAL V. XIAOMI

In a matter brought by Xiaomi against InterDigital, a Chinese court just  (September 23, 2020) issued an anti-suit injunction against InterDigital from pursuing matters pending in the Delhi High Court.   InterDigital also stands to be fined up to one million yuan per day if it were to violate the order.   InterDigital has filed an anti anti-suit injunction application at the DHC on 29.09.2020.Any pursuit of these matters by InterDigital before the DHC is likely to evoke a per day fine by Chinese courts.  This means that the entire matter (FRAND adjudication) cannot be pursued not just injunctive relief because the same is intrinsically coupled to InterDigital's demands at the DHC.  In ... Continue reading

A CRITIQUE OF THE DECISION IN UNWIRED PLANET V. HUAWEI (UK HIGH COURT - 2017)

On April 5, 2017, the UK High Court of Justice (Patents), Mr. Justice Colin Birss issued a detailed opinion [Unwired Planet v. Huawei ([2017] EWHC 711 (Pat), 5 Apr. 2017] in a matter involving SEPs and FRAND.  The Unwired Planet v. Huawei (hereafter "Unwired") decision is extremely contentious and this posts covers only the issues that I believe need further consideration. Disclaimer: I advise several clients in matters involving SEPs and FRAND.  These are my views only. Long post follows. Background:  Unwired Planet (Unwired) have a worldwide patent portfolio which they bought from Telefonaktiebolaget LM Ericsson.  The portfolio includes patents which are declared essential to va... Continue reading