Coola’s Chief Intellectual Property Officer, Zhang Na, stated that Indian law protects the interests of patent holders, which makes the court in the country an excellent choice for litigation, and she also cited the case of Ericsson suing Xiaomi in the local court. The court temporarily banned the sales of Xiaomi model phone.
'India is one of the key markets, and India is very active in protecting intellectual property and has better laws and institutions to protect patent holders. As we saw in the case of Ericsson and Xiaomi, we believe that India has protection. A good foundation of patents, 'When asked if he would file a lawsuit in India, Zhang Naru replied.
'Because our products are also sold in India, we are also a company that focuses on protecting the company's intellectual property assets. Only if we have a good chance of obtaining reasonable compensation, we will institute lawsuits in any country,' she added.
Yulong Computer Communication Technology (Yulong Communication), a subsidiary of Cool Group, filed six lawsuits in the Shenzhen Intermediate People’s Court of Guangdong Province in January and filed another lawsuit in the Nanjing Intermediate People’s Court of Jiangsu Province in May. It infringes on its patent rights for Xiaomi Technology and the Mijia Business, and requires the immediate prohibition of the production and sale of specific models of mobile phones.
Yulong Communications claims that the infringing models include Xiaomi Mi Max 2, Xiaomi Note 3, Xiaomi Mi 5X, Xiaomi Hongmi Note 4X and Mi Mix 2. The related interfaces used by these models to realize the basic communication, display and interactive functions of the device. , Applications, Icon Configuration, and the three patents in Dual SIM and Dual SIM Dual Standby are all owned by Yulong Communications. The first hearing is expected to be conducted in September.
Since 2017, Xiaomi has always been the first place in the smart phone market in India. The company stated that it knows the lawsuit filed by the Cool subsidiary in China, but the company will try to prove that these patent rights are invalid.
'Millet knew that these lawsuits have not yet been accepted by the court. Xiaomi has asked the Patent Re-examination Board of the State Intellectual Property Rights of China to declare that the three patents mentioned in the patent infringement case are invalid patents,' the company responded.
With the growth of smart phone sales, India has become the battlefield for patent infringement litigation.
One of the important members is Ericsson of Sweden. Since 2015, Ericsson has filed a number of companies in court against these companies for the use of their own key patents for 2G and 3G technology standards. These companies include millet, Micromax, Jin Li and iBall et al.
In the case of Xiaomi, Ericsson received a temporary ban that prohibits the sale of models using the chipsets produced by MediaTek in the Indian market. The ban forced Xiaomi to sell only models equipped with Qualcomm chipsets in the Indian market.
Eventually Xiaomi reached an agreement with Qualcomm, but its litigation with Ericsson was still pending in the Delhi High Court.
However, not all litigation has been successful. Indian brands such as iBall and Micromax have reached a settlement with Ericsson, and Micromax has been granted a global patent license from Ericsson. According to the agreement, each of the products sold in India or overseas markets uses 2G or 3G technology. For mobile phones, Micromax must pay Ericsson a certain license fee.