Showing posts with label Micromax. Show all posts
Showing posts with label Micromax. Show all posts

Thursday, June 7, 2018

China vs China: Coolpad may take Xiaomi to court in India


Chinese smartphone maker Coolpad is open to moving Indian courts against IPO-bound rival Xiaomi over patent infringement, after the company filed seven such cases in China in two different courts since January this year.

Coolpad’s chief intellectual property officer told ET that Indian laws protected patent holders’ interest, which made the South Asian nation’s courts a strong option for litigation, citing the example of Ericsson suing Xiaomi in a local court which lead to an interim bar on sales of specific Xiaomi phones.

“India is one of the key markets, and India has the reputation for protecting intellectual property rights, has better laws and systems to protect patent holders.

As we saw in the Ericsson-Xiaomi case, we feel that India is a good ground for protecting patents,” Zhang said when asked whether the company would file a lawsuit here.

“Because our products are sold in India and we’re a company focused on protecting our IP assets, we will file a case in any country where we have a good chance to get good remedies,” she added.

Coolpad Group’s subsidiary, Yulong Computer Telecommunication Scientific, has filed six cases in Shenzen Intermediate People’s Court, Guangdong province, in January, and one in Nanjing Intermediate People’s Court, Jiangsu province, in May, against Xiaomi Telecom, Xiaomi Technology and Mi Home Business, citing patent infringement and has sought immediate bar on production and sale of certain mobile phone models.

Yulong claims that models including Xiaomi Mi Max 2, Xiaomi Note 3, Xiaomi Mi 5X, Xiaomi Redmi Note 4X and Mi Mix 2, use three patents on interface, applications, icon configuration and dual-SIM card and dual-stand-by technologies, which enable basic communication, display and interaction functions that belong to the company. The first hearings are expected in September.

Xiaomi, which has maintained its No 1 position in the Indian smartphone market since December 2017, said that it was aware of the motion filed by Coolpad’s subsidiary in China, but has sought that the patent rights be declared invalid.

“Xiaomi understands that the filing has yet to be accepted by the court. Xiaomi has requested the Patent Reexamination Board of SIPO to declare the invalidation of the three patent rights regarding the above-mentioned patent infringement law suit,” it said in response to ET’s queries.

With the strong growth in smartphone sales, India has become a battleground for lawsuits alleging patent infringement.


A key player in this field is Sweden’s Ericsson which has taken several mobile phone companies including Xiaomi, Micromax, Gionee and iBall to court seeking royalties for using its standard essential patents (SEPs) on 2G and 3G technologies, since 2015.


In the specific case of Xiaomi, the Swedish gear maker got an interim injunction against sale of models using Chinese chipmaker Mediatek’s chipsets in India, which forced Xiaomi to sell only those with chipsets from Qualcomm.


Xiaomi eventually entered into an agreement with the US-based chipmaker, but its lawsuit with Ericsson remains pending in the Delhi High Court.


But not all have been as successful. Indian brands like iBall and Micromax have settled with Ericsson, with Micromax taking a global patent license from Ericsson, under which it will pay royalties on every phone sold in India and overseas which uses 2G or 3G technology.