An unresolved dispute over standard-essential patents is turning into a test case with far-reaching ramifications for IP owners
Patent litigation in India is all too often dominated by high profile, messy clashes between multinational pharmaceutical companies and their home-grown counterparts. A case in point is Novartis’ eight-year battle to secure a patent for its cancer drug Glivec, which culminated in a Supreme Court ruling on 1 April dismissing the patentability of the drug (see News).
Meanwhile, another dispute, which is not in the realm of big pharma, has equally interesting implications for global intellectual property owners with exposure in India. This dispute flared up in the telecommunications sector on 6 March, when Ericsson, a Swedish telecommunications equipment maker, filed a patent infringement suit at Delhi High Court against Micromax, an Indian manufacturer and importer of mobile phones, tablet computers and LED screens.
Ericsson sought damages of ₹1 billion (US$18.3 million) – the highest in an Indian patent dispute to date – for the alleged infringement of eight standard-essential patents (SEPs) related to wireless technologies.
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