Xiaomi can sell Qualcomm chip-based phones: Delhi HC
17 Dec 2014 1:04 AM GMT
The interim ban on import and sale of Xiaomi devices which run on other processors or chipsets shall continue, the court clarified.
Redmi Note, one of the latest entrants of Xiaomi in India, runs on a Mediatek processor. A bench headed by Justice Pradeep Nandrajog permitted Xiaomi to sell its Qualcomm chipset-based devices as a "pro tem" (temporary) measure till the issue is heard by the single judge on the next date of hearing, February 5, 2015 and disposed of the Chinese company's appeal against the December 8 order of the high court.
On December 8, the high court had restrained Xiaomi and online e-commerce site Flipkart from selling in India handsets of the mobile maker that run on the technology patented by Swedish company Telefonaktiebolaget LM Ericsson. The court passed the "pro tem" interim order after Xiaomi alleged that Ericsson had suppressed facts while obtaining the stay order. Xiaomi, represented by senior advocate Kapil Sibal, contended that Qualcomm has a licence to use the 3G technology patented by Ericsson and any 3G device of the Chinese company having Qualcomm chipset would not infringe on 3G-related patents of the Swedish company.
Ericsson, represented by senior advocates Pratibha M Singh and Rajiv Nayar, denied that it suppressed any fact. It also sought that the ban on import and sale of non- Qualcomm chipset-based devices should continue.
Xiaomi claimed that the "sweeping" interim order passed by the single judge on Ericsson's plea had "throttled" its business.
The bench, by "striking a balance" between the rights of Ericsson and Xiaomi, allowed the Chinese firm to sell its Qualcomm chipset-based devices while directing it to deposit Rs 100 per device imported in the name of Registrar General of the Delhi High Court.
Redmi Note, one of the latest entrants of Xiaomi in India, runs on a Mediatek processor. A bench headed by Justice Pradeep Nandrajog permitted Xiaomi to sell its Qualcomm chipset-based devices as a "pro tem" (temporary) measure till the issue is heard by the single judge on the next date of hearing, February 5, 2015 and disposed of the Chinese company's appeal against the December 8 order of the high court.
On December 8, the high court had restrained Xiaomi and online e-commerce site Flipkart from selling in India handsets of the mobile maker that run on the technology patented by Swedish company Telefonaktiebolaget LM Ericsson. The court passed the "pro tem" interim order after Xiaomi alleged that Ericsson had suppressed facts while obtaining the stay order. Xiaomi, represented by senior advocate Kapil Sibal, contended that Qualcomm has a licence to use the 3G technology patented by Ericsson and any 3G device of the Chinese company having Qualcomm chipset would not infringe on 3G-related patents of the Swedish company.
Ericsson, represented by senior advocates Pratibha M Singh and Rajiv Nayar, denied that it suppressed any fact. It also sought that the ban on import and sale of non- Qualcomm chipset-based devices should continue.
Xiaomi claimed that the "sweeping" interim order passed by the single judge on Ericsson's plea had "throttled" its business.
The bench, by "striking a balance" between the rights of Ericsson and Xiaomi, allowed the Chinese firm to sell its Qualcomm chipset-based devices while directing it to deposit Rs 100 per device imported in the name of Registrar General of the Delhi High Court.
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