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ARTICLE · 15 JANUARY 2015

Xiaomi Injunction: Yet Another Injunction Given Too Soon?

Khurana & Khurana, Advocates and IP Attorneys
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In CS(OS) 3775/2014, as we understand from multiple sources, Xiaomi has been injuncted from manufacturing its line of smart phones...

IndiaIntellectual Property
Paras Khurana
Paras Khurana
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In CS(OS)  3775/2014, as we understand from multiple sources, Xiaomi has been injuncted from manufacturing its line of smart phones for it has been prima-facie found to be infringing on certain standard essential patents of Ericsson. Although the order is not uploaded as yet, we understand that the patents used against Xiaomi, by Ericsson, are the same essential patents on which Ericsson had also earlier filed an infringement suit against Micromax, not too long back ago. The question being examined is if it was actually necessary to issue the order ex-parte or whether a short date could have been given to Xiaomi to be served the plaint and summoned for the hearing. Also, we surely would expect Xiaomi to file an appeal to vacate the order quite soon.

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