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Xiaomi Banned From Importing and Selling Handsets in India: Reports

Xiaomi Banned From Importing and Selling Handsets in India: Reports

By NDTV Correspondent | Updated: 11 December 2014 15:38 IST

The Delhi High Court on Monday reportedly granted an ex parte injunction order against Xiaomi for allegedly infringing on Ericsson's Standard Essential Patents (SEPs).

The ex parte injunction against Xiaomi, reported by SpicyIP, stops the Chinese manufacturer from "selling, advertising, manufacturing or importing devices" that infringe upon Ericsson's patents.

It isn't clear right now if this will affect the sales of all Xiaomi handsets in India, or if the case pertains to any specific devices, or even which patents are under question.

Reports indicate that Flipkart is also implicated in the case, and that the Delhi High Court granted the injunction after Xiaomi did not respond to Ericsson's missives - said to be six in total from July 2014.

(Also see: Delhi High Court Orders Xiaomi to Suspend Smartphone Sales in India)

In an emailed statement to NDTV Gadgets, Xiaomi India Head, Manu Jain, responded to the Delhi High Court Injunction.

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.

Ericsson has been fighting manufacturers to protect its SEPs in the Indian legal system, including a lawsuit against Micromax, Gionee, and Intex last year.

Micromax had responded with counter-allegations that Ericsson was abusing its dominant position in charging higher royalty on GSM technology patents, and the Competition Commission of India had said it would look into the matter.

SpicyIP also reports that the Delhi High Court has under IPR Rules, 2007, directed customs officials to stop Xiaomi's imports, and adds that authorities will visit the firm's offices to ensure compliance.

The report, citing several rules and precedents, questions the validity of the injunction order stopping shipments based on patent litigation, calling it "not in conformance either with international practice or domestic case law."

Swedish telecommunications giant Ericsson had also sued Samsung in 2012 for infringing on its 'voice transmission, touchscreen functions and network efficiency' patents, and the two had ended their bitter feud in 2014 with a cross-licensing agreement and Samsung paying out $650 million plus royalties to Ericsson.

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