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Intellectual Property · 1 July 2026

Pro Tem Security in SEP Disputes Needs a Lower Threshold Than an Interim Injunction: Delhi High Court's 100-Page InterDigital v. Transsion Order

Source: Originally reported by SpicyIP, IAM Media, IPFray and LiveLaw Biz on and around 1 July 2026, covering the Delhi High Court's ruling in InterDigital Patent Holdings Inc. & Anr. v. Shenzhen Transsion Holdings Co. Ltd. & Ors. (CS(COMM) 1045/2025). This article has been independently researched and rewritten in full by S&S Co. Advocates & Solicitors for informational purposes — it is not a reproduction of the original reports. Readers are encouraged to consult the original sources and the underlying judgment directly.

InterDigital sued Transsion — which sells phones under the Itel, Infinix and Tecno brands — for infringing its Standard Essential Patents covering 3G, 4G, 5G and HEVC video-coding technology, alleging unlicensed use since at least 2016 despite licensing talks that began in 2019.

In a 100-page order — the longest of the Delhi High Court's SEP ad-interim orders to date — Justice Tushar Rao Gedela directed Transsion to deposit pro tem security with the Registrar General, holding that the threshold for ordering pro tem security is significantly lower than for an interim injunction: prima facie essentiality and validity of the SEPs suffice, and production of comparable licences is not a mandatory precondition.

The order gives SEP holders a lower evidentiary bar to secure pro tem security from unlicensed implementers early in litigation, without first conclusively proving validity, essentiality or infringement, shaping FRAND litigation strategy in India's growing SEP docket.

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