Ericsson filed a lawsuit against Lava, a smartphone maker, for infringement of eight patents based on the Adaptive Multi-Rate (AMR) speech codec and the Enhanced Data Rates for GSM Evolution (EDGE). Both the abovementioned technologies form part of Ericsson's Standard Essential Patents (SEPs) and help smartphones utilize 2G and 3G connectivity.
Ericsson had claimed an infringement of 8 SEPs, out of which the DelhiHigh Court (Delhi HC) has granted an order in the favour of Ericsson for infringement of 7 SEPs. While Lava tried to assert that the patents under question were not protected under the Patents Act, 1970 and were not "essential", the Delhi HC held:
"Lava has been held to be an Unwilling Licensee due to its failure to negotiate with Ericsson in good faith, consistently delaying licensing negotiations, and failing to respond to offers or present any counteroffer. Additionally, Lava's lack of response to the court's specific query on willingness to accept the same royalty rates as Micromax further demonstrates its unwillingness to engage constructively in the licensing process"
The Delhi HC proceeded to award Ericsson approximately INR 244 crores in damages against Lava.
Originally published 08 May 2024
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