P&H HC: Eyewitness Account Not Credible if Eyewitness Directly Identifies Accused in Court  ||  Delhi HC: Conditions u/s 45 PMLA Have to Give Way to Article 21 When Accused Incarcerated for Long  ||  Delhi High Court: Delhi Police to Add Grounds of Arrest in Arrest Memo  ||  Kerala High Court: Giving Seniority on the Basis of Rules is a Policy Decision  ||  Del. HC: Where Arbitrator has Taken Plausible View, Court Cannot Interfere u/s 34 of A&C Act  ||  Ker. HC: No Question of Estoppel Against Party Where Error is Committed by Court Itself  ||  Supreme Court: Revenue Entries are Admissible as Evidence of Possession  ||  SC: Mere Breakup of Relationship Between Consenting Couple Can’t Result in Criminal Proceedings  ||  SC: Bar u/s 195 CrPC Not Attracted Where Proceedings Initiated Pursuant to Judicial Order  ||  NTF Gives Comprehensive Suggestions on Enhancing Better Working Conditions of Medical Professions    

Telefonktiebolaget LM Ericsson v. Lava International Ltd. - (High Court of Delhi) (01 Mar 2016)

Ericsson to reveal licensing agreements in confidentiality club

MANU/DE/0737/2016

Intellectual Property Rights

The Delhi High Court, hearing a patent dispute between Ericsson and Lava International granted Ericsson’s application to continue the matter under the veil of a ‘confidentiality club’. Simply put, such confidentiality measures are put in place during the course of legal proceedings to restrict the spread of sensitive information - in this case commercial information about licensing and pricing of patents pertaining to cellular transmission. Both parties will be restricted in the number of lawyers and experts who can peruse confidential information and are barred, unsurprisingly, from discussing the same in other legal proceedings or publicly.

The dispute between the companies hinges on Ericsson’s claim that Lava infringed several of its patents, used in mobile phones. The court will also have to determine if Ericsson charges licensees fair, reasonable and non-discriminatory rates for its parcel of Standard Essential Patents. It is for the latter that Ericsson requested confidential proceedings, though Lava submitted that since licensing rates are not confidential information, it is indicative of unfair licensing practices.

Relevant : Mr. M. Sivasamy vs. Vestergaard Frandsen A/S and Ors. MANU/DE/1724/2009 MVF 3 APS & Ors. vs. M. Sivasamy & Ors. MANU/DE/5492/2012

Tags : CELLULAR   FRAND   LICENSING RATE   CONFIDENTIALITY  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved