Flipkart also under order, on case filed by Ericsson.
By Dileep Thekkethil
BENGALURU: The Delhi High court has banned the Chinese smartphone manufacturer Xiaomi from selling phones in India, on a case filed by Ericsson accusing Xiaomi of infringing its patent.
Spicy IP reports that the court passed an interim ex-parte order on Monday, forbidding the Chinese manufacturer from selling or advertising smartphones in India. It is still not confirmed whether all Xiaomi smartphones are in violation of Standard, Essential Patents or a specific device that the company released in India.
The report also says that the court has directed customs department to curb import of all Xiaomi smartphones under the IPR Rules, 2007. The court has also directed local commissioners to visit Xiaomi India offices to do whatever necessary for the implementation of the order.
The ex-parte order is said to be the outcome of Xiaomi’s disregard for the communications send by Ericsson.
SpicyIP, which is a leading blog on Intellectual Property, wrote: “The Delhi High Court granted an ex-parte injunction order against Chinese operator Xiaomi for infringement of Ericsson’s patents. The patents in question are Standard, Essential Patents (SEPs) which are subject to FRAND (Fair, Reasonable and Non-Discriminatory) terms. However, they may also be the same patents which are the subject matters of litigation Ericsson has mounted against Micromax, Gionee and Intex.”
If the report is true, Xiaomi will face a ban in India until they settle disputes with Erricson. Manu Jain, India head of Xiaomi said that they are yet to receive any court order. He said, “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.” He reportedly told India Today, “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.”
Xiaomi is a new company to the Indian smartphone market that started operating from June this year. The company has till now launched three smartphones in the India through their official retail partner Flipkart, which according to the report has also been made a party in the case. Xiaomi’s Global Vice President Hugo Barra said last month that India is the second biggest market of Xiaomi only next to China.