As per the report from SpicyIP
the Delhi high court passed an ex parte on Monday that will ban Xiaomi
from selling and even importing handsets in India. The ban was for
infringement of Ericsson’s patents.
The SpicyIP website also concluded that
Update : Ericsson’s statement to TechCrunch – Xiaomi were unfairly using their SEP i.e. Standard Essential Patents, they tried communicating with Xiaomi for the same for more than 3 years and as a last resort asked for an injunction from the Court.
Ex Parte is when court passes an order in a hurry depending on the urgency hearing only one of the parties involved. However Manu Jain (India Head – Xiaomi) via an email to NDTV
has mentioned that they have not yet received the notice from the Delhi
high court and their legal team is evaluating the matter. They will
respond in full compliance with the law. He also mentioned they are open
to working with Ericsson to resolve the matter if needed.
This is
not the first time Ericsson has filed suit, they had filed a lawsuit
against Samsung and recently against Micromax. As per SpiceIP the Court
under IPR Rules (Intellectual Property Rights) 2007 has directed the Indian customs officials to stop the company (Xiaomi) from importing goods into India.The SpicyIP website also concluded that
“Delhi High Court’s injunction order is not in conformance either with international practice or domestic case law”Ever since Xiaomi entered the Indian markets, it is facing a lot of challenges in India. There was the IAF controversy and now the Ericsson suit. I am not sure how this will affect the sales, but lets wait and watch.
Update : Ericsson’s statement to TechCrunch – Xiaomi were unfairly using their SEP i.e. Standard Essential Patents, they tried communicating with Xiaomi for the same for more than 3 years and as a last resort asked for an injunction from the Court.
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