The Delhi High Court has revoked the interim injunction on Xiaomi in the ongoing patent tussle with Ericsson in India. The High Court has partially agreed with Xiaomi that Ericsson had concealed information about two of its 3G patents. It’s learnt that besides these two patents Ericsson has accused Xiaomi of violating six more patents which includes 5 AMR patents and an Edge patent.
Xiaomi had told the court that it had already got a license for patents (Ericsson’s 3G patent -; IN229632 and IN240471) through Qualcomm, which had secured license from Ericsson. Xiaomi had been paying to Qualcomm for the patents and that Qualcomm was paying Ericsson for those. In simpler words, if Xiaomi paid Qualcomm, and Qualcomm paid Ericsson then Ericsson cannot claim it didn’t get royalties for its patents. The court revoked the injunction as it was based on these patents, SpicyIP reports.
The Chinese handset company also claimed that Ericsson had concealed this information when the latter had filed the lawsuit that alleged infringement of Ericsson’s standard essential patents (SEP) in 2014. Following Ericsson’s complaint, the court had then passed an interim injunction on Xiaomi barring them from selling certain products in India.
Later the court had allowed Xiaomi to sell Qualcomm based devices in India but barred Mediatek-chipset based devices. Late last year, Qualcomm and Xiaomi entered into a patent licensing agreement that covered Qualcomm’s 3G, 4G patents including including 3-mode (LTE-TDD, TD-SCDMA and GSM), complete devices.
“The ground of concealment as urged by the applicants needs to be accepted to the extent of the two patents relating to CDMA applications. Accordingly, the interim order dated December 8, 2014 in so far as it relates to two patents IN229632, IN240471 (3G patents) is vacated,” the court in ruled on April 22, 2016.
What does the invoking of injunction mean for Xiaomi? Right now things may not change significantly, but it is a positive step ahead for the company towards bringing all of its range of devices in India. “Since late 2014, the court allowed Xiaomi to resume sales in India subject to certain terms and conditions, and this arrangement continues to stay in effect. Since the case is still ongoing, we won’t be able to comment further on the proceedings,” Xiaomi said in a statement to BGR India.
In case you haven’t been following the Xiaomi-Ericsson patent tussle. Here’s a timeline of the events that unfolded in the span of two years:
Delhi HC bars Xiaomi from importing and selling smartphones in India
The Delhi High court passed an interim injunction that barred the Chinese smartphone company from importing, selling or advertising its devices in India for allegedly infringing Ericsson’s standard essential patents. Read more
Xiaomi confirms halting sales of its devices in India
A week after the Delhi HC orders, Xiaomi announced halting sales of its smartphones in India. The company and its retail partner Flipkart were asked to stop selling smartphones till February 5. Read more
Xiaomi allowed to sell Qualcomm-powered smartphones
The Delhi high court allowed Xiaomi to sell certain smartphones in India. The relief was only restricted to Qualcomm-based smartphones, and not MediaTek-devices. Read more
Ericsson accuses Xiaomi of violating Delhi HC orders
Ericsson accused Xiaomi of selling MediaTek smartphones through unofficial websites like Xiaomishop.com. Xiaomi denied the charges. Read more
Xiaomi cracks down on unofficial websites
Xiaomi announced to take legal action against all websites that sold its handsets unofficially. A website named Xiaomishop.com sold its MediaTek powered chips. Read more
Xiaomi to beef up its patent portfolio
Xiaomi reveals plans to tackle all the patent infringement issues. Read more
Xiaomi allowed to send back over one lakh unused Redmi Note handsets
The Delhi high court granted another relief to Xiaomi allowing to send back the units of MediaTek-based Redmi Note smartphones in India. Read more
Xiaomi and Qualcomm enter patent licensing deal
Qualcomm and Xiaomi announced a patent licensing agreement covering Qualcomm’s 3G, 4G patents including including 3-mode (LTE-TDD, TD-SCDMA and GSM), complete devices. Read more