Swedish telecom firm Ericsson on
Thursday claimed in the Delhi High Cour
that Chinese mobile phone maker Xiaomi
Technology was violating its interim orde
by selling handsets which do not have
chipsets of Qualcomm Incorporated.
The counsel for Telefonaktiebolaget LM
Ericsson told Justice Jayant Nath that
Xiaomi was violating a division bench
order of the court, allowing the Chinese
company to sell and import till today
(February 5) only those handsets which
have Qualcomm processors.
"Xiaomi is selling handsets based on
non- Qualcomm chipsets through a
website called Buy Xiaomi Mi Note, Mi4, Redmi 2, MiPad - XIAOMI MOBILE RETAIL SHOP,"
senior advocate Pratibha M Singh told
the court.
Advocate Ajit Warrier, appearing for
Xiaomi, refuted the contention of
Ericsson, saying "it (Xiaomi) has no stak
in the website" and someone else was
misusing their name.
He contended that the company was
complying with the court's order and the
phones, allegedly infringing Ericsson's
patents phones, were being sold by third
parties over whom Xiaomi does not have
any control.
The division bench on December 16 last
year had permitted Xiaomi to sell its
Qualcomm chipset-based devices as a
'pro tem' (temporary) measure till the
issue was heard by the single judge on
Thursday, and disposed of the Chinese
company's appeal against the December
8, 2014 order of the single judge.
The interim ban on import and sale of
Xiaomi devices which run on other
processors or chipsets shall continue, th
division bench had clarified.
Redmi Note, one of the latest entrants of
Xiaomi in India, runs on a Mediatek
processor.
The single-judge on Thursday extended
the division bench's interim order
allowing Xiaomi to continue the sale of
handsets with Qualcomm chipset-based
devices till March 18, provided that it
deposits Rs. 100 per device imported in
the name of Registrar General of the Del
High Court.
The court also appointed local
commissioners to visit five customs
offices in Delhi, Mumbai, Bengaluru,
Chennai and Kolkata to collect
information on all Xiaomi devices being
imported, including the ones by third
parties.
The smartphone maker is selling its low-
cost smartphones through flash sales
under an exclusive arrangement with e-
commerce website Flipkart.
On December 8 last year, the high court
had restrained Xiaomi and Flipkart from
selling in India handsets of the mobile
maker that run on the technology
patented by Telefonaktiebolaget LM
Ericsson.
The division bench had passed the 'pro
tem' interim order after Xiaomi alleged
that Ericsson had suppressed facts whil
obtaining the stay order.
The case pertains to standard essential
patents used in AMR, 2G, 3G and Edge
technologies.
Ericsson has alleged infringements of its
patents relating to these technologies by
Xiaomi.
A Standard Essential Patent is the paten
for the core technology essential to creat
something of a particular technical
standard.
In this case, mobile phones cannot be
made without the GSM, GPRS, EDGE and
WCDMA technology, which are patented
by Ericsson.
http://m.gadgets.ndtv.com/mobiles/news/xiaomi-violating-delhi-high-courts-interim-order-says-ericsson-657591
