The Delhi High Court in an interim order has restrained Xiaomi as well as online e-commerce site Flipkart from selling in India handsets of the Chinese mobile maker that run on the technology patented by Ericsson.
Delhi HC
It isn’t clear whether all devices sold by Xiaomi in India will be affected by the court order, or just specific models that infringe Ericsson’s IP. Further, the judge directed customs officials to stop imports of the devices in question under IPR Rules, 2007, and commissioners have been appointed make sure Xiaomi complies with the order.
The Spicy IP report adds that the patents in question could be the same ones that Ericsson pulled up Micromax, Gionee and Intex for in the past. Further, the biggest factor that led to the court passing the order was the lack of response from Xiaomi despite Ericsson’s repeated efforts to communicate.
Xiaomi’s India head 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.”
The report adds that even Xiaomi’s official sales partner Flipkart too has been implicated in the case, but there hasn’t been any response from the company so far. It should be noted that the Delhi High Court had earlier asked Micromax to pay a 1% royalty to Ericsson to use the Swedish company’s patented tech.
“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,” he added.
