“Lava will explore all viable legal avenues, including the possibility of filing an appeal in response to the judgment,” a company spokesperson said in a statement to ET.
The company added that it remains focused on the “Make in India” initiative by designing phones with complete control on design and manufacturing within the country.
The High Court asked Lava to pay Rs 244 crore in damages along with 5% interest to Ericsson for infringing on the latter’s 2G and 3G patents. The court held that seven out of the eight standard essential patents (SEPs) over which Ericsson claimed ownership were valid.
SEPs are patents that are deemed essential for the implementation of a particular industry standard, especially in telecommunication electronics or other technology sectors.
The court held that Lava has been an unwilling licensee due to its failure to negotiate with Ericsson in good faith, by consistently delaying licensing negotiations and failing to respond to offers or present any counteroffer.The court said Ericsson is entitled to receive damages calculated on the loss of license fees it would have earned had Lava executed a FRAND (fair, reasonable, and non-discriminatory) license agreement when it commenced its operations.The HC also directed Ericsson to pay the additional court fees on the differential amount awarded in favour of the company within three weeks. “The Registry is directed to release the amount deposited by Lava before this court in fixed deposit along with the accrued interest, after deduction of TDS, in favour of Ericsson,” the judge stated in his 476-page judgment last week.
