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Cellphones Patents The Courts

Court Bans Sale of Xiaomi Smartphones In India 40

hypnosec writes The Delhi High Court has banned Xiaomi and India online retailer Flipkart from selling any handsets that Ericsson claim are violating patents. The court has also asked Xiaomi and its agents to refrain from making, assembling, importing or selling any devices which infringe the patents in question. Xiaomi says: "We haven’t received an official note from the Delhi High Court. However, our legal team is currently evaluating the situation based on the information we have. India is a very important market for Xiaomi and we will respond promptly as needed and in full compliance with India laws. Moreover, we are open to working with Ericsson to resolve this matter amicably."
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Court Bans Sale of Xiaomi Smartphones In India

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  • Translation... (Score:4, Insightful)

    by Feral Nerd ( 3929873 ) on Wednesday December 10, 2014 @07:48PM (#48569111)

    "We haven’t received an official note from the Delhi High Court. However, our legal team is currently evaluating the situation based on the information we have. India is a very important market for Xiaomi and we will respond promptly as needed and in full compliance with India laws. Moreover, we are open to working with Ericsson to resolve this matter amicably."

    Translation: Now that we have infringed all of your patents we are willing to come to an agreement with you but only because you have finally got us by the short and curlies after a long court battle and not because we feel bound by international treaties signed by the Peoples Republic of China since those are only binding for people infringing on our patents.

    • Re:Translation... (Score:5, Interesting)

      by Charliemopps ( 1157495 ) on Wednesday December 10, 2014 @09:57PM (#48569679)

      "We haven’t received an official note from the Delhi High Court. However, our legal team is currently evaluating the situation based on the information we have. India is a very important market for Xiaomi and we will respond promptly as needed and in full compliance with India laws. Moreover, we are open to working with Ericsson to resolve this matter amicably."

      Translation: Now that we have infringed all of your patents we are willing to come to an agreement with you but only because you have finally got us by the short and curlies after a long court battle and not because we feel bound by international treaties signed by the Peoples Republic of China since those are only binding for people infringing on our patents.

      More like the court issued a ruling that's not even remotely legal:

      Therefore, it appears that this order of the Delhi High Court’s injunction order is not in conformance either with international practice or domestic case law.

      http://spicyip.com/2014/12/bre... [spicyip.com]

      Ericson filed suit, incorrectly, with the highest court. In india, it appears this is not legal, they need to file with a lower court and it get escalated. Xiaomi did not reply to this suit, because they rightly judged it to be out of its jurisdiction. Several other companies were included in the suit, and the replied. The court issued the injunction ex parte, because Xiaomi didn't appear. But the court was wrong to hear the case in the first place so, even its injunction is no legit.

      And that's before we even get into the merits of the case, which haven't even been considered yet. So your suggestion that they infringed at all is completely baseless. All we have proof of is that Ericson filed suit in a court with no jurisdiction and Xiamoi ignored it.

  • that Ericsson was just trolling, but Chinese companies aren't exactly known for respecting IP.

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