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Delhi HC issues an interim order to restrict the sale of Xiaomi smartphones in India

December 11, 2014

The Delhi High Court has passed an interim order to restrain the sale of smartphones manufactured by the China-based handset manufacturer, Xiaomi Inc., in India. The order has come after Sweden-based Ericsson filed a petition against Xiaomi alleging violation of the former’s technology patents. Ericsson has stated that Xiaomi has been violating its eight patents pertaining to Adaptive Multi-Rate Wideband (AMR), Enhanced Data for Global Evolution (EDGE) and 3G technologies in the field of telecommunication. Subsequently, the court has ordered Xiaomi and its affiliates in India to stop making, assembling, importing or offering its devices for sale which violate the mobile phone technology patented by Ericsson until the matter is resolved.

Further, the high court has issued notices to Xiaomi and its exclusive sales partner in India, Flipkart, and directed them to file an affidavit disclosing the number of devices sold by them in the country which have AMR, EDGE and 3G services. They have also been asked to disclose the revenues earned by the sales of these mobile phones.

According to the high court, three local commissioners will visit Xiaomi’s and Flipkart’s premises where the devices are stored. Also, they would inspect and collect documents related to these mobile phones and submit their reports within four weeks to the court.

 
 

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