Philips and Xiaomi

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Philips sues Xiaomi over UMTS and

LTE technology patent


infringement
PATENT INFRINGEMENT
Violation of a patent owner's rights with
respect to some invention. Unless permitted
by the patent owner, one commits patent
infringement by making, using, offering to
sell, or selling something that contains every
element of a patented claim or its equivalent uthor is licensed under CC BY-NC-ND

while the patent is in effect.


Philips has filed a case against Xiaomi in the year 2020,
alleging patent infringement and asked the Court to ban
sales of all Xiaomi’s mobiles, which are violating the
company’s patents. The patents related to UMTS
enhancement (HSPA, HSPA+) and LTE technologies.

Philips is alleging three patents are being violated by


Xiaomi.
Philips India has asked for an “ex-parte, ad-interim injunction”
to be passed in its favour and wants all Xiaomi to be stopped
from “manufacturing/assembling, importing, selling, offering for
sale, advertising including through their and third party
websites,” its mobile phones which are violating the company’s
patents.
Law terms used in previous slides

EX-PARTE Ad-Interim Injunction


Done with respect to or in the This is also called stay order in
interests of one side only or of an common language
interested outside party. Ad Interim stay means the
If it seems to be lot of delay in temporary order of injunction
the summons. passed by the court while the suit
is still pending.
GLOBAL DISPUTE

Furthermore, Philips did not only sue Xiaomi in one country. According
to JUVE Patent information, several lawsuits are also pending in the
UK, Netherlands, Spain and India. Xiaomi had called on the court to do
so. Apparently, lawsuits have also taken place between the two
opponents in China. As is usual in other global patent disputes, it is
therefore likely that Philips and Xiaomi have agreed on a global
licence. So far, however, neither party has confirmed the settlement. It
is not known whether Philips has also withdrawn the lawsuits in the
other countries.
INDIAN HIGH COURT PROCEEDING

In order, the Delhi High Court has ordered Xiaomi India to maintain an
amount of Rs 1,000 crores in their bank accounts which are operated in
India, till the next date of hearing the defendants. Xiaomi has also been
asked to file the details of the bank accounts operated in India where the
amount of Rs 1000 crores is being maintained, on or before December 02,
2020, reads the Delhi High Court order.

The Delhi High Court has directed Xiaomi India to file its reply within four
weeks. The next hearing will take place on January 18, 2021.
GLOBAL SETTLEMENT

In order, the Delhi High Court has ordered Xiaomi India to maintain an
amount of Rs 1,000 crores in their bank accounts which are operated in
India, till the next date of hearing the defendants. Xiaomi has also been
asked to file the details of the bank accounts operated in India where the
amount of Rs 1000 crores is being maintained, on or before December 02,
2020, reads the Delhi High Court order.

The Delhi High Court has directed Xiaomi India to file its reply within four
weeks. The next hearing will take place on January 18, 2021.

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