As the first major standards essential patent (SEP) disputes wend their way through India’s court system, a ruling by the High Court of Delhi has made clear that this may well be the next jurisdiction where competition authorities will have their say as to what constitutes anti-competitive behaviour when it comes to patent licensing. A turn in Ericsson’s litigation against Xiaomi, meanwhile, has highlighted that while courts have so far been willing to grant interim injunctions in SEP cases, the information that is disclosed by parties about negotiations will play a big role in whether those orders stand.

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