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Delhi HC permits sale of Xiaomi’s Qualcomm-based phones in India till January 8, 2015

December 17, 2014

The Delhi High Court (HC) has permitted Xiaomi to import and sell its Qualcomm processor-based phones in India till January 8, 2015. Earlier, the court had passed an interim order to restrain the sale of all smartphones manufactured by Xiaomi in India.

The case pertains to the petition filed by Sweden-based Ericsson 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, Enhanced Data for Global Evolution and 3G technologies in the field of telecommunication.

However, the court has now passed a ‘pro tem order’ in the case, citing that Ericsson had suppressed the fact that some of Xiaomi’s mobile phones also use Qualcomm processors and that the handset manufacturer holds a licence to use the respective patents on Qualcomm technology.

Further, as part of the pro tem (temporary) measure, the court has asked Xiaomi to deposit Rs 100 per handset sold in the country, as royalty, in favour of the Registrar General of the Delhi High Court and keep the amount in a fixed deposit.

Xiaomi has also been directed to submit an affidavit to the court, disclosing the number of units sold by the company till date and the particulars of the invoices of the Qualcomm processors purchased by it.

After the court’s decision, the company has announced recommencing the sale of Redmi 1S, its Qualcomm processor-based smartphone through Flipkart in India.

 
 

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