Reportedly, a bench of Delhi High Court temporarily allowed
Xiaomi to sell few of its devices in India about a week after the
suspension of its sales in the third largest smart phone market of
Xiaomi as well as online seller Flipkarthave been injuncted by
Delhi High Court in its order dated 8th December 2014
from selling its line of smart phones for it has been prima-facie
found to be infringing patents of Swedish technology company
Telefonaktiebolaget LM Ericsson. We have reported on Xiomi
injunction which can be found here.
Being aggrieved by the order passed by Single judge of Delhi
High Court dated 8th December 2014, Xiaomi filed appeal
challenging the order. Xiaomi had contended that Ericsson
suppressed the fact that the Chinese mobile maker has also used
chipsets of Qualcomm which has a license to use patents of the
Swedish company. The bench was also told by Senior Advocate
KapilSibal and Advocate AjitWarrier, appearing for Xiaomi, that on
each Tuesday around one lakh units are expected to be sold on the
site. Xiaomi has contended that it did not infringe Ericsson's
patents as Qualcomm has obtained a license from the Swedish company
for its patented technology.
Therefore, reportedly on Tuesday 16th December 2014,
the Hon'ble High Court granted permission to Xiaomi to continue
importing smart phones which comprises of Qualcomm chipsets in them
until the next scheduled date for the matter on 8th
January 2015 subject to the condition that Xiaomi shall deposit 100
Indian Rupees for each device sold by them towards royalty in favor
of the Registrar General of the Delhi High Court and the amount so
deposited be kept in a fixed deposit.
Further, the court has also directed Xiaomi to furnish an
affidavit, prior to the next date of hearing before the single
judge, which shall disclose the number of devices sold by it till
then along with the particulars of the invoices of the Qualcomm
chipsets purchased by it.
As reported, an Ericsson spokesman said in an email to Reuters
that "Xiaomi needs a license from Ericsson for all their
phones imported to India, which will be clarified in the upcoming
hearing" whereas Xiaomi said company would not comment on the
As per the company's website, Xiaomi Mi3 and Redmi 1S use
Qualcomm chips while Redmi Note device uses a processor from
Sources: Reuters and NDTV
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