Julien George

Interim relief in commercial litigation, especially in the Indian Context, plays a very vital role in ensuring that justice delayed, does not in fact result in justice denied. Such relief is designed to prevent irreparable harm and balance the equities. However, recently, there has been an emerging trend of Pro Tem deposits in Standard Essential…

One of the main challenges faced in litigation in India is delay caused on account of backlog of cases. While many measures have been employed to ensure “speedy disposal” and “early resolution” under the Commercial Courts Act, 2015, one significant tool that forces both parties to put all their cards on the table, is the…

What are Pro Tem Deposits? Ordinarily, in Indian Patent Litigation, a Patentee is either entitled to seek interim injunction or at the very least interim deposits to be made in its favour in lieu of an interim injunction, under the following specific provisions: Order XXXIX Rules 1& 2 of the Code of Civil Procedure, 1908 Rule 5(v) of the…

Introduction: SEP jurisprudence, evolving across multiple jurisdictions, consistently underscores the paramount importance of “Fairness” in all dealings ensuing in a FRAND negotiation. Indeed, the concept of ‘good-faith’ negotiations between SEP Holders and Implementers is acquiring increasing significance, as evidenced by the imposition of elevated royalty rates and even interim deposit orders, preceding a final adjudication…

On 28th March 2024, the Delhi High Court (DHC) pronounced its final judgment[i] in the cross-suits filed between Ericsson and Lava, ultimately deciding the matter in favour of Ericsson by granting it damages to the tune of INR 244 Crores (USD 29.9 Million) along with legal costs. The redacted version of the decision was uploaded on 3.04.2024. However, the…

The Delhi High Court Rules Governing Patent Suits, 2022 (‘the Rules’), which were notified on 24th February 2022, have now been in effect for more than a year. This period allows us to assess its impact, appreciate the positive changes introduced by it, while also acknowledging areas that may still need improvements. In general, the Rules…