ValkyaEditorial

Tagged “telecom”

7 articles on telecom.

Supreme CourtSupreme Court of India

Competition Commission of India v. Bharti Airtel Ltd. (2018): why the sectoral regulator goes first

On 5 December 2018, the Supreme Court settled the boundary between TRAI and the CCI in the Jio interconnection dispute. It held that where a grievance is rooted in the telecom licensing framework, TRAI — the specialised regulator — must first determine the jurisdictional facts before the CCI can act. A digest of the sequencing doctrine, the verbatim reasoning, and why the two regimes are complementary rather than exclusionary.

Valkya Editorial··6 min
High CourtDelhi High Court

Intex v. Ericsson and India's first SEP/FRAND framework: the Delhi High Court Division Bench lays down the two-way street

On 29 March 2023 a Division Bench of the Delhi High Court, in Intex Technologies (India) Ltd v. Telefonaktiebolaget LM Ericsson, delivered the country's first authoritative appellate framework on standard-essential patents and FRAND licensing. The judgment by Justices Manmohan and Saurabh Banerjee dismissed Intex's appeal, allowed Ericsson's cross-appeal, doubled the royalty security ordered by the Single Judge, held that injunctions and pro-tem royalty deposits are available to SEP holders against unwilling licensees, ruled that parallel CCI proceedings do not oust Patent Act jurisdiction, and established the 'willing licensee' inquiry as the central test in Indian SEP litigation. A close reading of the Bench's reasoning, the two-way street it builds between SEP holders and implementers, and the bespoke Indian remedy of pro-tem security that now travels through Nokia v. OPPO, Ericsson v. Lava and the wider Delhi SEP docket.

Valkya Editorial··14 min