Delhi High Court bans sale and imports of OnePlus One

Something is quite wrong between Micromax and OnePlus. It seems like Micromax, Cyanogen and OnePlus have not yet sorted out the matter of Cyanogen OS usage due to which a confusing situation took place around two weeks ago. 10 days ago Cyanogen had cleared that it’ll continue providing OTA updates of Cyanogen OS to OnePlus One users in India, but today Delhi High Court has banned the sale and import of OnePlus One smartphones in country due to a patent infringement case filed by Micromax. The case filed is a possible patent infringement case regarding nothing else but the usage of Cyanogen OS in OnePlus One.

According to complaint filed by company it incurred major expenses to create a brand of “exclusivity” around the product that Cyanogen OS powered smartphones will provide to its Indian customers. In such a scenario illegal acts of OnePlus (usage of Cyanogen OS in One smartphone) will lead to irreparable losses and harm for it.

OnePlus One - Banned in India

OnePlus One – Banned in India

After this filing Delhi High Court has done the same thing that it did for Ericsson – Xiaomi patent lawsuit: it has banned the sale of OnePlus One in India and has ordered OnePlus to stop importing phones in India as soon as it runs out of stock on Amazon India’s website. The timing of decision couldn’t be more pointed – tomorrow Micromax is going to launch its Yu brand smartphones powered by Cyanogen OS in India.

In case you don’t remember, Micromax has the exclusive rights for usage of Cyanogen OS in India. What that means is no other brand can distribute Cyanogen OS powered smartphones in country. While OnePlus can still use the OS in its smartphones and its users will continue to receive OTA updates from Cyanogent Inc. (as stated by the company), the exclusive rights ownership of Micromax ensures its smartphone powered by Cyanogen OS in India – at least legally.

OnePlus also stated in its defense that it too had a collaboration and trademark licensing agreement with Cyanogen Inc. However, that thing couldn’t get it any relief from High Court. The court told it that it can seek further justice by the laws of California for breach of its contract with Cyanogen, but for now it’ll have to stop selling and importing units of One smartphone in India.

After this ban OnePlus has ensured its Indian fans of its commitment to Indian market. The company has also stated that it’s working continuously on its own custom ROM, which will be released sometime in February 2015.

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