https://www.taxtmi.com/caselaws?id=459849 The HC dismissed the petition challenging CCI's jurisdiction to investigate patent licensing practices. The court held that Ericsson constitutes an enterprise under the Competition Act, enabling CCI to examine allegations of abuse of dominant position in patent licensing. The court ruled that Patents Act and Competition Act operate in separate spheres without conflict, allowing CCI to address anti-competitive practices. Allegations of excessive royalty demands and unfair licensing terms could constitute dominance abuse, justifying investigation. Pendency of patent infringement suits does not bar CCI's jurisdiction. The court emphasized that potential licensees can challenge patent validity while simultaneously complaining about licensing abuse, rejecting the doctrine of election argument. en-us Wed, 30 Mar 2016 00:00:00 +0530 Tue, 31 Dec 2024 23:47:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=459849 The HC dismissed the petition challenging CCI's jurisdiction to investigate patent licensing practices. The court held that Ericsson constitutes an enterprise under the Competition Act, enabling CCI to examine allegations of abuse of dominant position in patent licensing. The court ruled that Patents Act and Competition Act operate in separate spheres without conflict, allowing CCI to address anti-competitive practices. Allegations of excessive royalty demands and unfair licensing terms could constitute dominance abuse, justifying investigation. Pendency of patent infringement suits does not bar CCI's jurisdiction. The court emphasized that potential licensees can challenge patent validity while simultaneously complaining about licensing abuse, rejecting the doctrine of election argument. Case-Laws Law of Competition Wed, 30 Mar 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=459849