Philips Files Patent Infringement Case Against Xiaomi

The Dutch technology company, Koninklijke Philips, has moved a patent infringement case against the Chinese Smartphone and Technology Company, Xiaomi, its affiliates, officers, or agents.

In this case the Plaintiff has claimed that the Defendants have used the Plaintiff’s Universal Mobile Telecommunication Service (UMTS) enhancement technology such as High-Speed Packet Access  (HSPA), HSPA+, and LTE, and therefore is liable to be paid royalty for the same.

The Plaintiff, Philips, has therefore, prayed for a number of reliefs under various applications in the instant suit before the Delhi High Court, which are primarily:

  • to restrain the Defendants (Xiaomi) from assembling, selling of phones through any of the online-commerce platforms and/or retail chains in the subcontinent.
  • to direct the Central Board of Exercise and Customs to prevent the importation of Xiaomi’s mobiles from entering the country for sale, at every international entry point- which includes airports and coastal ports across India.

On 27th November, 2020, the Delhi High Court on hearing the Plaintiff’s plea, allowed the following relies to the Plaintiff:

  • Granted the Plaintiff a 2 week extension form filing the original executed and notarised affidavits of Mr. Lincoln Sampaio Lobo (based out of Netherlands) and Mr. Gilds Bossard (based out of Singapore) including annexures; and exempted them from physical filing, until the same is resumed.
  • Allowed the Plaintiff to file additional documents within 30 days.
  • Allowed an additional 4 weeks to to file on record the defendants’ infringing handset devices tested by the plaintiff along with documents.
  • Granted liberty to file correspondence exchanged between the plaintiff and the defendants in a sealed cover within four weeks.
  • Instructed the Defendant’s Indian Subsidiary to maintain a balance of Rs. 1,000 Crore before the 2nd of December, 2020. They also directed the Defendant to file the Rejoinder within 2 weeks thereafter.

The case is now listed on March 01, 2021, before the Joint Registrar.

Author:  Suvangana Agarwal, Litigation Associate at Khurana & Khurana, Advocates and IP Attorneys.  In case of any queries please contact/write back to us at aishani@khuranaandkhurana.com.

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