Authority: Supreme Court of India
Order Date: 08-07-2026
Case Overview
- Parties: petitioner Koninklijke Philips Electronics N.V.; respondents Rajesh Bansal & others.
- Nature of proceedings: Petition(s) for Special Leave to Appeal (C)Nos.22525‑22527/2026 arising from reversal judgments of the Delhi High Court dated 18‑05‑2026 (RFA(OS)(COMM) Nos.17/2018, 18/2018) and 26‑05‑2026 (CMAPPL No.36039/2026).
- Plaintiff’s allegations: Philips claims the patent in dispute is a Standard Essential Patent (SEP) and that it was prepared to license the patent on Fair, Reasonable, and Non‑Discriminatory (FRAND) terms, but the respondents refused the FRAND arrangement, resulting in alleged infringement.
- Defendant’s defenses: Respondents contend the patent is not an SEP, deny any infringement, and invoke the principle of exhaustion to argue that the suit and claimed reliefs are not maintainable.
- Court’s observations: After hearing senior counsel for both sides, the Court noted that the impugned judgment is a reversal and that the matter requires detailed consideration.
Final Outcome
1. The Court issued notice to the respondents, returnable on 11 August 2026.
2. Pleadings are to be completed.
3. The arrangement that existed before the Division Bench of the High Court for the past eight years – namely that the petitioner would keep the Bank Guarantee alive – shall continue.
4. The petitioner is directed to keep the Bank Guarantee alive until further orders.
5. The petitioner’s senior counsel undertook that, if the impugned orders are sustained and the appeal is lost, Philips will reimburse the respondents the up‑to‑date amount.
6. An undertaking to that effect must be filed within one week from the order date.
7. All restitution proceedings in the High Court are stayed pending further orders.
8. The matters are listed for hearing on 11 August 2026.
Topics: Intellectual Property, FRAND Licensing