Interim injunction against Best It World (India) due to errant use of Ericsson’s standard essential patents

In brief, Ericsson’s standard essential patents (SEPs) have proven to rightfully cause an interim injunction when a FRAND agreement has not been reached. Best It World has thus been restrained from importing products that infringe Ericsson’s SEPs relating to for example 3G and EDGE.

In this case, Best It World - on the one hand - alleged that a FRAND agreement could not be executed due to that Ericsson failed to provide the necessary details of the SEPs and how Best It World was infringing these patents. Ericsson - on the other hand - argued that it had no choice but to seek an injunction due to that Best It World positioned itself as not infringing and thus not eligible for FRAND agreement. Therefore, Ericsson sued Best It World in an infringement action, resulting in the abovementioned interim injunction, before the Delphi High Court. Apparently, the Court found Ericsson had provided Best It World with the requisite information in view of the FRAND agreement.

This ruling shows that the FRAND system played an important role when the Court took the decision relating to the interim injunction. In particular, the FRAND system is a useful tool for patent proprietors seeking licensees to their SEPs.

/Johan Ståhlberg, European Patent Attorney