The Chinese Smartphone giant Xiaomi may surely be thankful to the Delhi High Court, as the Court allowed the company to return all the banned Redmi Note handsets. The sale of these Redmi Note smartphones was banned hearing Ericsson’s petition claiming patent violation by Xiaomi, the Chinese smartphone manufacturer.
Justice Mukta Gupta, in the vacation bench allowed Xiaomi to send back more than 100,000 Redmi Note handsets to their place of creation in Hong Kong, as the Swedish Telecom company ‘Telefonaktiebolaget LM Ericsson’ accepted and agreed to the agreement.
Xiaomi has been directed by the court to keep a record of the handsets which are unused with the e-commerce site Flipkart, Xiaomi has a tie-up with Flipkart and sells its handsets exclusively only on Flipkart through flash sales or normally on the site.
Advocate Ajit Warrier, who fought from Xiaomi’s side stated that the phones like Redmi Note, which run on a MediaTek processor, have been disallowed for sale in India by the High Court.
The single-judge bench on December 8 had ordered Xiaomi and Flipkart from selling any Smartphones which run on the technology which has been patented by Ericsson. This order was challenged by Xiaomi, which resulted in temporary order on December 16.
On December 16, allowed Xiaomi to sell Smartphone’s which come with Qualcomm’s processor as a temporary act till the issue of patent violation was heard and the outcome was decided by the single-judge bench in the High Court, because of which other variety phones were lying unused with Flipkart.
The case applies on important patents used in AMR, 2G, 3G and Edge technologies. Ericsson has alleged violation of its patents by Xiaomi regarding these technologies. In this case, Mobile phones cannot be manufactured without GSM, GPRS, EDGE, WCDMA services. All these technologies are patented by Ericsson.
