The patents row has reached Indian shores and the Delhi High Court is trying to grapple with many smartphone makers, starting with Micromax, Xiaomi and now One Plus, making rounds to its premises.
After Xiaomi fiasco over Redmi Note that was banned over Ericsson’s patent suit, Micromax has moved the court to stop the sales of OnePlus One phone that was released early this month despite controversy over its Cyanogen OTA updates. Micromax has bought the sole rights of Cyanogen in India and OnePlus remains an outsider in the country though it enjoys updates in other countries.
It may be noted that OnePlus, which said the Cyanogen informed the sale of its rights in India just two weeks before the launch of OnePlus One, has promised its users that a team is already working on providing Android Lollipop 5.0 updates on its phones sold in India through a chain of online retailers and service stores. The updates may not be over the air (OTA).
Reacting to the ban, OnePlus India head Vikas Agarwal told the media that the company is “evaluating all legal options to continue operations here” and it may challenge the ban in the court.[Cyanogen Dumps OnePlus to Embrace Micromax in India, What Next?]
This comes in the wake of similar patent rights’ violation Xiaomi is facing with Ericsson moving the Delhi High Court and getting an injunction on the sale of Redmi Note, just before the Christmas season.
Xiaomi was cleared by the Delhi High court this week to go ahead with the sale of its previous Redmi 1S sales on Flipkart, but not its current Redmi Note phones, Xiaomi is reportedly exploring an out-of-court settlement with Ericsson, but the issue will not be resolved before the end of this year as the next hearing is on January 8.[Xiaomi to Resume Redmi 1S Sales Now, Redmi Note Soon, says Hugo Barra]
Ericsson has accused Xiaomi of violating 8 of its 33,000 patents related to AMR, EDGE and 3G technologies but Xiaomi maintained that since Qualcomm is already granted a license from Ericsson for its patented technology, it automatically entails that Xiaomi phones running on Qualcomm chipsets were not infringing upon these patent rights as claimed by Ericsson.
The role of Micromax, which was holding the fort in India until last year selling its budget and cheaper phones, began to face the Chinese competition early this year and Xiaomi became its prime rival.
When Micromax itself faced the litigation over rights’ violation by Ericsson, the court observed:”Micromax has asked for agreements/offers by Ericsson with other Indian parties.” Soon, its rival Xiaomi was in the net and by virtue of sole proprietor of Cyanogen rights in India, Micromax is now able to bring into the net OnePlus.[Xiaomi Profits Soar to $56.7 Million in 4 Years: Filing Report Shows]