The Delhi High Court (DHC) while dealing with cross suits filed by Lava International Ltd. (Lava) & Telefonaktiebolaget LM Ericsson (Ericsson) in relation to access to 8 standard essential patents (SEP) in relation to 2G & 3G Technology, has held Lava to be an “unwilling licensee” owing to its failure to negotiate with Ericsson in good faith, delaying negotiations & failing to respond to offers. The DHC noting Lava at fault held Ericsson to be liable to receive damages in relation to its SEPs on the basis of “loss of royalty/license fees it would have received had Lava executed a FRAND license agreement at the commencement of its business operations.”
