Delhi High Court Issues ex Parte Injunction Against Xiaomi Over Ericsson’s Patents

Looks like it’s bad news for Xiaomi again. This time the Delhi high court has granted an ex parte injunction order against the Chinese manufacturer for infringement of Ericsson’s patents.
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The patents in question are Standard, Essential Patents (SEPs) which are subject to FRAND (Fair, Reasonable and Non-Discriminatory) terms. These patents could also be the same ones for which Ericsson has lodged cases against other manufacturers like Micromax, Gionee and Intex.
The injunction prevents Xiaomi from selling, advertising, manufacturing or importing devices that infringe the SEPs in question. The judge also directed the Customs officials to stop the imports under the IPR Rules, 2007. Local commissioners have also been appointed to visit Xiaomi officers to ensure the implementation of these orders.
The court has justified its granting injunction on the fact that Xiaomi has failed to respond to Ericsson’s six repeated communication attempts since July 2014.

Now the issue raised here with regard to the High Court’s actions is that it acted hastily in granting an injunction to Xiaomi as the SEPs are still in question under other cases as well. Also Xiaomi’s less stringent attitude towards the communication attempts from Ericsson cannot be reason enough to grant an ex parte injunction against them. Also Article 51, Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement only stipulates border control mechanisms for copyright and trademark related matters and not for patents and hence the court seems to be over doing its actions in the case [source].

Xiaomi had previously been in trouble in India when the IAF had asked its employees to refrain from using these phones. Xioami had however clarified this issue by saying that data centers will be moved to India.

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