A division bench of Justice Pradeep Nandrajog and Justice RK Gauba of Delhi High Court allowed Xiaomi Technology India Pvt. Ltd to import and sell its phones in India till January 8. However, Court made it clear that Xiaomi can sell only those devices in India, which use chipsets which are running on Qualcomm processors, a licensee of Ericsson said the Court.
Earlier A Single Bench of Delhi High Court passed an order banning Xiaomi smartphones in India due to patent infringement complaints by Swedish telecom giant Ericsson. The present order of Delhi High Court also extended to e-commerce website Flipkart.com, which had an exclusive arrangement with Xiaomi for flash sales of its handsets in India.
Xiaomi Technology India Pvt. Ltd challenged the order passed by the Single Bench which banned the sale of its handsets here in India, saying it has not infringed Ericsson’s patents as Qualcomm has obtained a licence from the Ericsson for its patented technology.
The bench, while ‘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.
In the present order, Court also asked Xiaomi Technology India Pvt. Ltd that, imports made in January 2015 would likewise be disclosed by way of an affidavit and Rs 100 per device deposited in the name of Registrar General of this court by February 3, 2015. However, interim ban on import and sale of Xiaomi devices which run on other processors or chipsets shall continue, the court clarified.