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Delhi High Court backs Philips in SEP case

2018/07/20

The Delhi High Court sided with electronics company Philips late last week in finding that its standard-essential patent (SEP) had been infringed by India manufacturers.
On Thursday, July 12, Justice Mukta Gupta ordered local manufacturers who had imported DVD player components and assembled them in India to pay a royalty rate and damages.
The patent (Indian number 184,753) was registered in 1995 and relates to a “Decoding device for converting a modulated signal to a series of M-Bit information words”.
The technology is used for the DVD video playback function and concerns “channel modulation” which involves a coding step that is performed before the storage of data.
Philips relied on essentiality certificates granted to its US and EU patents in order to prove that its Indian patent was standard-essential.
“In reasoning based almost entirely on the ‘essentiality certificates’ of the US and EU patents, and without independent analysis, the court held that the suit patent is an essential patent for the fulfilment of the DVD standard,” said a blog post for SpicyIP, written by lawyer Divij Joshi.
Philips argued that defendants who manufacture or assemble standard-compliant DVD players must necessarily be infringing the SEP. Alternatively, the electronics company claimed that infringement was independently proven.
Source：WIPR



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