Philips moves Delhi High Court against Xiaomi and Vivo over patent infringement

Infringement

Philips has moved the Delhi High Court over patent infringement against two Tech giants, Xiaomi and Vivo. Philips in its suits claims that the two mobile manufactures have violated its "Standard Essential Patents". The patents relate to “UMTS enhancement (HSPA, HSPA+) and LTE technologies” in the telecommunication technologies.

In one of its suits against Xiaomi, the Plaintiff have sought the following:

  • Restraint against manufacturing/assembling, importing, selling and advertising of certain smartphones that infringe the Plaintiff’s patents.
  • Injunction has been sought to direct the Central Board of Excise and Customs to issue appropriate instructions to custom authorities to restrict the import of mobile handsets that infringe the Plaintiff’s patents.
  • Quantum of mobile phones and any other devices sold till date that are UMTS, HSPA, HSPA+ or LTE compliant.
  • Revenue earned from the sale of such devices for every quarter.
  • Safeguarding the Plaintiff's rights and interest and secure recovery of amounts for past infringing activities of the Defendant.

A single bench of Justice V. Kameswar Rao directed the defendant to maintain an amount of Rs 1000 crores in their bank account operated in India and submit details of the bank accounts operated in India.

The advocate representing the defendants accepted the notice for the defendants and has taken on record that, till the next date of hearing the Defendants shall maintain an amount of Rs 1000 crores in their bank account operated in India. The defendants have also agreed to file the details of the bank accounts operated in India where the said amount is being maintained before December 02, 2020.

Summons are issued to the defendants, and the same are received by the advocate for the defendants. The summons states that a written statement be filed within 30 days from the date of summons.

The hearing of suit against Xiaomi will be on March 01, 2021.

In its suit against Vivo, the Plaintiff has pleas that a direction be issued to not create any encumbrance or third-party rights in its manufacturing plant.

While dealing with the suit against Vivo, a Single Judge Bench of Justice Rajiv Shakdher directed the defendant to not create any encumbrance in its manufacturing plant during the adjudication of the case.

The hearing of suit against Vivo will be on February 10, 2021.

High court order against Vivo: https://images.assettype.com/barandbench/2020-12/7c132206-219b-43ae-a047-82e43136ff40/Philips_v__Vivo___383___Order_dt__17_11_2020.pdf

High court order against Xiaomi:

http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=220558&yr=2020

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