Abu Dhabi Court Orders Etisalat to Pay Dh30 Million for Patent Infringement, Cease Mobile TV Service
Abu Dhabi, UAE – The Abu Dhabi First Instance Court has issued a significant ruling in an intellectual property dispute, ordering Emirates Telecommunications (Etisalat) to pay an Abu Dhabi resident Dh30 million in compensation and to halt its mobile television services. The decision follows a claim of patent infringement related to the technology underpinning Etisalat’s mobile TV offerings.
The case was brought by Mosa Isa Mosa Al Amiri, who alleged that Etisalat utilised his patented invention without consent or knowledge, constituting a violation of his intellectual property rights. Mr. Al Amiri’s invention involves a system designed for transmitting high-quality video via the internet, a concept he contended was central to Etisalat’s mobile TV services, which allow subscribers to view satellite television content on their mobile devices for a monthly fee.
Background to the Intellectual Property Claim
Mr. Al Amiri secured approval for the registration of his invention on November 5, 2003, subsequently obtaining an international patent (No. BCT/1B2004/003630) approximately a year later. He further applied for local registration of his invention on March 6, 2006. Prior to legal action, Mr. Al Amiri sent warnings to Etisalat regarding the alleged exploitation of his invention, but stated that the responses received were unsatisfactory, leading to the initiation of the lawsuit. Initially seeking Dh20 million, the compensation claim was later increased to Dh100 million by his legal representation, citing moral and financial damages.
Etisalat, in its defence, denied the accusations, asserting that its mobile TV system was acquired from a Chinese company, Huawei, and that no infringement had occurred.
Court Proceedings and Expert Findings
The judicial process involved several stages of expert evaluation. On May 5, 2009, the court appointed an initial expert to examine the claim. This expert’s report concluded there were no similarities between Mr. Al Amiri’s invention and the system deployed by Etisalat, corroborating the telecom firm’s position that it had purchased the system from a third party.
Dissatisfied with these findings, the plaintiff requested the appointment of experts with specialised technical knowledge. The court then constituted a committee of three experts. This panel identified similarities between Mr. Al Amiri’s system and Etisalat’s technology, though it estimated the match to be less than 20 percent and stated that the plaintiff had not definitively proven a patent violation.
Undeterred, Mr. Al Amiri appealed for a further expert assessment, specifically requesting a panel composed of patent experts. A third three-member committee was subsequently formed. This expert panel’s report proved decisive, affirming that Etisalat’s system was indeed based on the fundamental idea of the patented invention and confirming a violation of the plaintiff’s rights.
Legal Basis for the Verdict
Based on the conclusive findings of the final expert committee and in accordance with UAE Law No. 17 of 2002, which pertains to industrial regulation and the protection of patents, the Abu Dhabi First Instance Court rendered its verdict against Etisalat. The court’s decision underscores the robust legal framework in the UAE designed to protect intellectual property rights and reinforces the importance of respecting patented innovations within commercial operations.