Battle continues in the Delhi High Court.
By Dileep Thekkethil
BENGALURU: Chinese smartphone manufacturer OnePlus Technology today told the Delhi high court that its Cyanogen operating system (OS) is different from Micromax’s version and that the Indian manufacturer doesn’t own the rights over this particular version of Cyanogen OS.
OnePlus and Indian manufacturer Micromax locked horns over the exclusive right to use Cyanogen OS and the later earned a court order banning OnePlus from selling smartphones in India.
According to Micromax, it had already earned an exclusive right from Cyanogen to use and distribute Cyanogen OS, a customised Android Operating system.
According to OnePlus, their smartphone, OnePlus One was powered by the CM11S version of Cyanogen OS, and on the other hand Micromax is planning to offer a totally different OS in their Yureka handset, which is slated to release on January 13.
OnePlus also argues that the single bench consisting of Justice Pradeep Nadrajog overlooked one major clause in the agreement signed between Micromax and the US-based Cyanogen which says Cyanogen is restricted only from collaborating with other Indian smartphone manufacturer. Here, OnePlus is a foreign smartphone manufacturer and has every right to sell Cyanogen smartphones in India.
Senior advocate Kapil Sibal after appearing for OnePlus said to PTI, “It does not mean that we cannot do business.”
He has requested the court to grant three months’ time to sell the already imported handsets and in the meanwhile the company will develop an alternative operating system to replace the existing Cyanogen OS, if necessary.
The court is expected to hear the case once again tomorrow. Today, it lashed out strongly against the US-based Cyanogen for entering into exclusive rights with both Micromax and OnePlus at the same time.
The bench was quoted by PTI saying to the counsel for the US firm “Your client (Cyanogen) did not show fairness to either Micromax or Shenzhen. If this is how you want to proceed, that is wrong.”
Chinese smartphones in India had a troublesome December, with two of its major players, Xiaomi and OnePlus facing the wrath of the Delhi High Court.
The first to find trouble was Xiaomi when the Swedish hardware developer, Ericcson sued it for flouting patent rights.