The Delhi High Court on Tuesday permitted Chinese cellphone maker Xiaomi and e-commerce website Flipkart to sell Xiaomi’s handsets running on technology claimed to be patented by Ericsson till February 5, as a temporary measure.
Last week, the HC had restrained Xiaomi and its agents from making, assembling, importing or offering for sale such devices, and directed the customs authorities to prevent their import. The order was passed on the plea of Ericsson that Xiaomi has been violating eight patents pertaining to its technologies.
A bench headed by Justice Pradeep Nandrajog passed the “pro tem order” as Xiaomi contended that Ericsson suppressed the fact that it has also used chipsets of Qualcomm, which has a licence to use patents of the Swedish company.
As part of the temporary measures, the bench asked Xiaomi to deposit `100 per handset sold, towards royalty, in favour of the Registrar General of the Delhi HC which will be kept in a fixed deposit.
Xiaomi has also been asked to furnish an affidavit disclosing the number of units sold by it and particulars of the invoices of the Qualcomm chipsets purchased by it.