Trouble For Xiaomi: Delhi High Court Restrains ‘Apple Of China’ From Selling Handsets In India

The Delhi High Court has granted an ex-parte injunction order against Xiaomi after Swedish firm Ericcson moved to the court saying that the Chinese handset manufacturer has been infringing on its eight patents related to AMR, EDGE and 3G technologies in the telecommunication field.

According to a PTI report, in an interim order, the Delhi High Court has restrained Xiaomi as well as popular etailer Flipkart from selling handsets of the Chinese mobile maker in India. The High Court has also stopped the ‘Apple of China’ or its agents from manufacturing, assembling, importing or offering for sale its devices.

Justice G P Mittal ordered the customs authorities to prevent import of Xiaomi phones that are infringing Ericsson patents. He further stated that if any consignment by the Chinese firm is imported here, Ericsson has to be informed about the same well in advance. The court also added that objections by Ericsson will be decided in accordance with the Intellectual Property Rules.

“I am satisfied that plaintiff (Ericsson) has made out a prima facie case for grant of ad interim injunction in its favour. The balance of convenience also lies in favour of plaintiff and in the absence of an injunction order, plaintiff will suffer irreparable loss and injury,” the leading news agency quoted the court as saying.

The High Court has also directed Xiaomi and Flipkart to file an affidavit disclosing the number of devices they have sold till date in India and mention the amount of revenue earned through these devices.

In order to seal the infringing mobiles and collect related-documents, the Delhi High Court has constituted a team comprising of three local commissioners to visit the premises of Xiaomi and Flipkart here.

It also mentioned that the total amount fees that has to be paid to each of these local commissioners has to be paid by Ericsson along with lodging and travel expenses. These officials will have to submit their report within a period of four weeks, the high court added.

Ericsson clarified that it had invited the Chinese handset marker to use its patented technology by obtaining a licence, but Xiaomi launched its devices in India in July this year, the PTI report concluded.

Image: The Economic Times