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Xiaomi Banned From Importing and Selling Handsets in India: Reports

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Xiaomi Banned From Importing and Selling Handsets in India: Reports
by NDTV Correspondent, December 10, 2014

xiaomi_redmi_note_front_ndtv.jpg

The Delhi High Court on Monday reportedly granted an ex parte injunction order against Xiaomi for allegedly infringing on Ericsson's Standard Essential Patents (SEPs).

The ex parte injunction against Xiaomi, reported by SpicyIP, stops the Chinese manufacturer from "selling, advertising, manufacturing or importing devices" that infringe upon Ericsson's patents.

It isn't clear right now if this will affect the sales of all Xiaomi handsets in India, or if the case pertains to any specific devices, or even which patents are under question.

Reports indicate that Flipkart is also implicated in the case, and that the Delhi High Court granted the injunction after Xiaomi did not respond to Ericsson's missives - said to be six in total from July 2014.

In an emailed statement to NDTV Gadgets, Xiaomi India Head, Manu Jain, responded to the Delhi High Court Injunction.

While we haven't received an official notice from the Delhi High Court, our legal team is currently evaluating the situation based on the information we have.

India is a very important market for Xiaomi and we will respond promptly as needed and in full compliance with Indian laws. Moreover, we are open to working with Ericsson to resolve this matter amicably.

Ericsson has been fighting manufacturers to protect its SEPs in the Indian legal system, including a lawsuit against Micromax, Gionee, and Intex last year.

Micromax had responded with counter-allegations that Ericsson was abusing its dominant position in charging higher royalty on GSM technology patents, and the Competition Commission of India had said it would look into the matter.

SpicyIP also reports that the Delhi High Court has under IPR Rules, 2007, directed customs officials to stop Xiaomi's imports, and adds that authorities will visit the firm's offices to ensure compliance.

The report, citing several rules and precedents, questions the validity of the injunction order stopping shipments based on patent litigation, calling it "not in conformance either with international practice or domestic case law."

Swedish telecommunications giant Ericsson had also sued Samsung in 2012 for infringing on its 'voice transmission, touchscreen functions and network efficiency' patents, and the two had ended their bitter feud in 2014 with a cross-licensing agreement and Samsung paying out $650 million plus royalties to Ericsson.
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Anyway, we should give priority to follow the rule of laws.
 
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Ericsson nailed it.Indeed a very good decision by HC..
 
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great...first chinese crackers, then their mobile phones. Modi doing splendid job. India will be chinese crap free soon enough.:D
 
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Rules are Rules.Entire market in our nation should obey that.
 
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great...first chinese crackers, then their mobile phones. Modi doing splendid job. India will be chinese crap free soon enough.:D

For over years that you Indians like to brag of stopping buying Chinese products, but funny thing is that we earn our trade surplus by load up junk to India...there must be a rational explaination :lol:
 
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I'm posting from there Phone. :lol: Xiaomi, Phones are value for money & Good. Also, all Chinese products are not Crap. You get what you pay. :whistle:
One advice for you,dont store personal info or dont use the device for financial transactions.:-)
 
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For over years that you Indians like to brag of stopping buying Chinese products, but funny thing is that we earn our trade surplus by load up junk to India...there must be a rational explaination :lol:

This is a case filed by Ericsson againt Xiaomi, this is not about India banning anything by itself. Nor is Xiaomi the only target. Ercisson succesfully filed against the largest Indian mobile player Micromax & targetted Gionee too. This is not a major issue in itself because Xiaomi can end the ban the moment they agree to give a percentage of their sales as royalty to Ericsson. Micromax had to give 1%. The bigger problem is that this ruling will likely bring in more challengers like Apple, Google, Microsoft,Samsung etc. Apple will probably be a big threat to Xiaomi considering that claims of design rip off's have been consistently made. Expect more Chinese companies in India to be targetted and you could also see such actions happening in other countries and they may well cite the Indian courts decisions. China has largely protected its companies from patent litigation, outside of China many of the companies may now be smelling blood.
 
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You get what you pay for.. If you buy a tv for 5000 indian RS you shouldn't expect a Home theatre ..:lol:

And than there are Chinese high quality products which are costly and good..

Yeah it confuses me when Indians bring this up, can the average Indian afford a mid-to-high end Lenovo laptop? That will cost over a thousand USD easily.

But I guess Indians know that, since Lenovo is the number 1 in the Indian PC market (and also the largest PC maker in the world).
 
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