By Adheesh Nargolkar, Janaksinh Jhala

Recently, the Delhi High Court, in the matter of Koninklijke Philips Electronics N.V (Plaintiff) v Rajesh Bansal and Ors (Defendants), after duly conducting and concluding a trial in the suit decreed the suit vide order dated 12 July 2018 in favour of the Plaintiff for infringement of its standard essential patent (SEP).

This is one of the first matters in which an entire trial in respect of infringement of an SEP was conducted and which resulted in the suit being decreed. While DVD technology may now be obsolete, a full trial on the enforcement of a SEP awarding punitive damages and costs in addition to the license fee even after expiry of the patent is encouraging for innovators/pioneers. However, an opportunity for bringing clarity, at least on the criteria to determine a SEP in India seems to have been lost.