Xiaomi has obtained a partial lift off the injunction banning it from selling all of its smartphones in India, after the Delhi High court decided that its Qualcomm-powered devices should not be affected by the ban.
Justice G.P. Mittal, of the Delhi High Court, had imposed a total ban on imports and sales of Xiaomi devices in India last week, at the request of Swedish telecom giant Ericsson. Ericsson alleged that Xiaomi is refusing to pay licenses for eight of its patents, pertaining to AMR, EDGE, and 3G technologies. Xiaomi was banned from selling any of its own devices until the next hearing in the case, which is scheduled for January 8, 2015.
After appealing the aforementioned decision of the court and, earlier today, convincing a two-judge panel that its devices powered by Qualcomm System-on-Chip should not be considered under the above injunction order due to Ericsson’s prior agreements with Qualcomm already in place.
From the devices that Xiaomi has yet introduced and sold in India, both of the Mi3 and the RedMi 1S smartphones are powered by Qualcomm SoCs. Hence, taking them out of the ban. The recently introduced RedMi Note and Note 4G phablets, though, are powered by MediaTek SoCs. Xiaomi and its exclusive local sales partner Flipkart will be able to resume sales of the Mi3 and Redmi 1S soon. The Redmi Note will remain banned, at least until the January 8 hearing.
Ericsson, on the other hand, still insists that Xiaomi needs to pay licensing fees for all of its devices, regardless of their processor:
“Xiaomi needs a license from Ericsson for all of their phones imported to India, which will be clarified in the upcoming hearing.”
In a statement to Bloomberg, the company reiterated its hope to reach a “mutually fair and reasonable” agreement with Xiaomi.
Xiaomi entered India five months ago with its Mi3 flagship, has sold hundreds of thousands of its devices already, in the country. The firm has already captured a significant portion of the market here and this partial reprieve allows it to continue to do so, partially. In a statement to the court, Xiaomi’s lawyers said the company plans to sell 100,000 devices each week in India.