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28 September 2018PatentsVaishali Mittal

SEPs: a landmark judgment

The long wait for players in the technology standards industries (be it telecoms, audiovisual, etc) is finally over, with the Delhi High Court delivering India’s first ever judgment on standard-essential patents (SEPs).

In July 2018, one judgment was delivered for two suits against different entities which were claimed to have infringed the same patent held by Philips over its DVD-ROM players (Koninklije Philips & Anr v Rajesh Bansal, 2016, and Koninklije Philips & Anr v Bhagirathi Electronics, 2017).

Philips, represented by Anand and Anand from the institution of the first suit in 2009, claimed that its patents were essential to the DVD-ROM standards. It claimed that the defendants’ sale of DVD players was infringing its patent rights, since any DVD player necessarily used Philips’ patented (and standard-essential) technology.

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