Philips Moves Delhi High Court to Stop Xiaomi From Selling Phones That Infringe Its Patents

Philips has moved the Delhi High Court to prohibit Xiaomi from selling phones that infringe on its patents. Philips seeks the court order against the Chinese smartphone maker, its affiliates, officers, or agents. The court has directed Xiaomi and other defendants to maintain specific amount in their bank accounts operated in India, in a statement taken on record. The consumer electronics company has also sought an ad-interim order of injunction that stops import of Xiaomi smartphones to India, including the models specified in its application.

In its plea, Philips has sought restraint against manufacturing or assembling, importing, selling, offering for sale, and advertising, including through its and third-party websites, certain smartphones. The company also seeks to move the court against any future devices or models that include Universal Mobile Telecommunications Service (UMTS) enhancement (HSPA, HSPA+) and LTE technologies that result in infringement of Philips' patents.

In an order passed on November 27, the Delhi High Court directed Xiaomi and other defendants to maintain an amount of Rs. 1,000 crores in their bank accounts that are being operated in India. The court order reads, “…the defendants shall maintain in their bank accounts operated in India an amount of Rs. 1,000 crores. The said statement is taken on record. It is made clear that the defendants are bound by the statement given by their counsel. The defendants shall file the details of the bank accounts operated in India where the amount of Rs. 1,000 crores is being maintained, on or before December 2, 2020.”

Philips also sought the granting of an ad-interim order of injunction that directs the Central Board of Excise and Customs to issue necessary instructions to custom authorities in every Indian port, including airports, to restrict import of Xiaomi handsets, including the models specified in its application.

The court order also directed that the reply should be filed within four weeks. It added, “Rejoinder thereto, if any, be filed within two weeks thereafter.” The next hearing will take place on January 18, 2021.

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