Since 2010, the Global Law Experts annual awards have been celebrating excellence, innovation and performance across the legal communities from around the world.
posted 1 year ago
By Ranjan Narula and Suvarna Pandey
Facts
Court Ruling:
The court ruling on a few important aspects concerning the ‘Pro-tem security deposit’ are covered below:
FURNISHING OF PRO-TEM SECURITY IS THE IMPLEMENTER’S OBLIGATION IN THE NEGOTIATION PHASE ITSELF
TO BALANCE THE EQUITIES, THE INDIAN COURT HAS THE POWER TO PASS A PRO-TEM ORDER, IF THE FACTS SO WARRANT
A PRO-TEM SECURITY ORDER CAN NOT BE LINKED TO AN INJUNCTION
The Court allowed Nokia’s appeal to set aside the challenged order. The Court also directed the respondent to deposit the ‘last paid amount’ attributable to India i.e., Twenty Three percent (23%) of the last paid amount under the 2018 Agreement within four weeks.
Our comment
The order establishes that SEP holders can ask the Court for the direction of a “Pro-tem security deposit” during the initial stages even when the matter is not dealt with in detail by the Court. On the point of prima facie infringement by Oppo, the Court importantly mentioned that an injunction can be secured, even if the infringement of one patent is established either prima facie or at the final stage. Thus, to restrain the sale of an infringing device, a Standard Essential Patent holder does not have to base its case on each of the thousands of patents that it owns and are used in the product; it can do so by showing that one or a handful of representative patents are infringed.
The fact that the Court has the power to pass a pro-tem order without an exhaustive exploration of merits is a welcoming development in favour of the SEP holders.
posted 13 hours ago
posted 13 hours ago
posted 15 hours ago
posted 2 days ago
No results available
ResetFind the right Legal Expert for your business
Sign up for the latest legal briefings and news within Global Law Experts’ community, as well as a whole host of features, editorial and conference updates direct to your email inbox.
Naturally you can unsubscribe at any time.
Global Law Experts is dedicated to providing exceptional legal services to clients around the world. With a vast network of highly skilled and experienced lawyers, we are committed to delivering innovative and tailored solutions to meet the diverse needs of our clients in various jurisdictions.