Delhi High Court bans Xiaomi from selling or importing phones in India: Report

Xiaomi Ericsson patent troubleIn a surprise development, Delhi High Court on Monday seems to have granted an ex parte injunction against Chinese smartphone maker Xiaomi for allegedly infringing select Ericsson patents. As per the court order, Xiaomi is banned from selling, advertising, manufacturing or importing devices that infringe the patents in question.

According to report in SpicyIP, Xiaomi had not been responding to Ericsson’s repeated communication regarding the patent infringement, followed which the company filed a complaint with Delhi High Court.

The exact details about the patents in question are unclear right now, but Xiaomi has reportedly infringed some of Ericsson’s Standard and Essential patents.

In a statement to MediaNama, Xiaomi stated that it hasn’t received the court order, but it is looking for its options and remains committed to the Indian market.

“While we haven’t received an official notice from the Delhi High Court, our legal team is currently evaluating the situation based on the information we have. India is a very important market for Xiaomi and we will respond promptly as needed and in full compliance with Indian laws. Moreover, we are open to working with Ericsson to resolve this matter amicably,” said Manu Kumar Jain, India Head, Xiaomi in the statement.

I haven’t been able to find the high court order, but from what I can understand from the Spicy IP report, Xiaomi’s India operations are crippled until it gets a reprieve from the court and I don’t expect to see any more sales from the company during this period.

This isn’t the first smartphone maker, which has been sued by Ericsson in India. In the past, Ericsson has got favourable verdicts against Micromax and Gionee, but wasn’t so successful against Intex.

We will keep tracking the Xiaomi-Ericsson patent story and let you know as soon as we get more information.

Update: According to Economic Times, the ban is place at least until February 5, when the court will again hear Ericsson’s petition. Ericsson claims that Xiaomi has infringed eight of its patents related to 3G, EDGE and AMR technologies.

Here is the Ericsson’s full statement, as given to Techcrunch:

Ericsson’s commitment to the global support of technology and innovation is undisputed. It is unfair for Xiaomi to benefit from our substantial R&D investment without paying a reasonable licensee fee for our technology.

After more than 3 years of attempts to engage in a licensing conversation in good faith, for products compliant with the GSM, EDGE, and UMTS/WCDMA standards Xiaomi continues to refuse to respond in any way regarding a fair license to Ericsson’s intellectual property on fair, reasonable and non-discriminatory (FRAND) terms. Ericsson, as a last resort, had to take legal action.

To continue investing in research and enabling the development of new ideas, new standards and new platforms to the industry, we must obtain a fair return on our R&D investments. We look forward to working with Xiaomi to reach a mutually fair and reasonable conclusion, just as we do with all of our licensees.

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