Xiaomi Mobile Phones Banned in India

[vijayninel]

The Delhi high court issued an interim order stopping Chinese mobile maker Xiaomi as well as its sales partnet Flipkart from selling handsets in India that run on the technology patented by Ericsson. The court has also restrained Xiaomi or its agents (Flipkart) from making, assembling, importing or offering for sale its devices which are infringing the mobile phone technology patented by Ericsson.

Justice G.P. Mittal directed the customs authorities to prevent import of Xiaomi phones that are infringing the patents of Ericsson (which is all of them) and if any consignment is imported, the same be informed to Ericsson and its objections be decided as per 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 court said.

It also issued summons and notice to Xiaomi and Flipkart and directed them to file an affidavit disclosing the number of devices — that are AMR, EDGE and 3G compliant — sold by them in India till date. They have to also indicate in the affidavit the revenue earned by selling these devices till date. The court has also appointed three local commissioners to visit the premises of Xiaomi and Flipkart where the devices are stored in order to inspect and collect documents as well as seal the infringing mobiles. The total fees of the local commissioners, amounting to Rs 3.5 lakh shall be borne by Ericsson apart from travel and stay expenses, it said.

The local commissioners have to submit their report within four weeks, it also said. The order was passed on the plea of Ericsson that Xiaomi has been violating its eight patents pertaining to AMR, EDGE and 3G technologies in the field of telecommunication. Ericsson has said that it had invited Xiaomi to use its patented technology by obtaining a licence, but instead of doing so, the Chinese manufacturer launched its devices in India in July 2014.

So this brings an end to Flipkart's flash sales of the popular Xiaomi smartphones until Xiaomi agrees to settle the case with Ericsson and agree to pay the license fees or if the case is closed in Xiaomis favour. If they do agree to pay the license fees and settle the case then future Xiaomi phones wont be so cheap anymore. However Wifi only tablets can still be imported and sold as they do not infringe on the patents.

The move could also encourage other companies such as Apple or Microsoft to seek import bans on all types of devices which violate their patents.

With inputs from: Delhi HC stops sale of Xiaomi phones over patent case - Livemint

[MayaX2013]

I'm sure FK & Xiaomi lawyers or C.A's will find loophole to settle this deal to keep alive Xiaomi sale in India otherwise we've to say goodbye to Xiaomi

[xlr]

this is the reason why we Indians will never get good gadget in low price in india. In India its always about finding way to earn money by exploitation.

[piper]

Those supporting Ericsson's claims completely, be aware that they charge a percentage of the price of the product, even though it is the chipset which is related to their patents.

In other words, even though it is the same technology, Ericsson would earn more commission from say Redmi 1s as compared with Mi3. Yes, they should be compensated. But it should be done in a fair manner now that the issue is out in the open.

I personally feel an out of court settlement would be effected as soon as possible.

[geek]

Calm your horses. Such lawsuits and patent fights are nothing new. Apple and samsung do it for fun. They either get out of court settlements or it one pays the other and the world moves on. And if this lawsuit is filed in India then as we all know somewhere down the line their great great grandsons will settle the deal.

Btw, I was looking to buy a budget phone for my mom in this gosf. Considering Xiaomi Redmi too other than zenfone 4 and moto e.

[suarezian]

Sorry for the offtopic, but I got a notification saying that @Baba Ramdev has tagged me in this post. But I can't see me tagged anywhere :/

[Fenix]

But never were Apple or Samsung products banned from selling in US iirc.

[geek]

Originally Posted by Fenix But never were Apple or Samsung products banned from selling in US iirc.

No. Apple did try to put a ban on samsung but it was denied.Whatever ban has been implied is according to the Indian penal code. Now just wait and watch.
All iz well bhaiya.

[xlr]

Originally Posted by geek No. Apple did try to put a ban on samsung but it was denied.Whatever ban has been implied is according to the Indian penal code. Now just wait and watch. All iz well bhaiya.

India Is always here to welcome Such Patent banning.

[MayaX2013]

Originally Posted by xlr India Is always here to welcome Such Patent banning.

News titles says High Court banning Xiaomi because Ericsson says so and everyone knows how slow Indian govt. works, Xiaomi products still reflecting on FK, that means FK or Xiaomi didn't get court or Ericsson ban order so it's not an effective immediate situation.

[Veyron]

This is a funny! lawsuit!.

its just that big companies felt the might. phone which are outstanding in performance can be made cheap instead of those shamelessly priced apple and samsung.

Also one should really do a case study how much it really cost for apple to make iphone.

[xlr]

Originally Posted by MayaX2013 News titles says High Court banning Xiaomi because Ericsson says so and everyone knows how slow Indian govt. works, Xiaomi products still reflecting on FK, that means FK or Xiaomi didn't get court or Ericsson ban order so it's not an effective immediate situation.

I rly hope so. Bcz if India Always becomes a pain in the b**t then no reasonable international companies would ever think of coming to india. Thus making India a monopoly market for the Big giants..Who can make their Phone's Price as they want.

THe problem is India is kind of very scared when it comes to such allegations. Thats why competitors will always gain advantage.

If Xiaomi agrees to pay for such license or a royalty fee then say goodbye to such price which u see now.

We all know why this has happened.

[Fenix]

It does not matter to them,the more they sell . The more royalty Ericsson earns .

[MayaX2013]

Originally Posted by xlr I rly hope so. Bcz if India Always becomes a pain in the b**t then no reasonable international companies would ever think of coming to india. Thus making India a monopoly market for the Big giants..Who can make their Phone's Price as they want. THe problem is India is kind of very scared when it comes to such allegations. Thats why competitors will always gain advantage. If Xiaomi agrees to pay for such license or a royalty fee then say goodbye to such price which u see now. We all know why this has happened.

It's not Indian high court problem, It's the Ericsson cause Xiaomi is not their first company, they've sued Gionee, Intex, Samsung and Acer over patents and still these company selling their products to this day, Ericsson is only after Xiaomi's money so if they settle for a price they will backout and pretend this thing never happened.

[future]

I think Ericsson chose wrong country for settling patent disputes. By the time this patent issue gets resolved , Mi54 would have been already launched by that time.