Delhi High Court has lifted the temporary ban imposed on the OnePlus for the import and sales of OnePlus One smartphone in the country. Back on December 16th, the vendor was banned to sell its offerings with Cyanogen software as Micromax filed an infringement of exclusivity. Recently, the High Court judges Pradeep Nandrajog and RK Gauba lifted the ban issued on December 16 by a single judge Manmohan Singh.
It was noted by the judges that it was a not a case for grand of ad-interim injunction as neither prima facie (OnePlus or Micromax) competes nor enters the territory of the other. They added that ad-interim bans are usually issued when strong prima facie cases are done causing major affects to the defendant.
The High Court has directed the case back to Judge Manmohan Singh who will hear the arguments from all parities including Micromax, Cyanogen and OnePlus on January 7, 2015.
The major reasons for the removal of the ban is that Micromax Yureka smartphone based on Cyanogen OS is priced at Rs 8,999, whereas the OnePlus One smartphone costs Rs 21,999 and hence, they are not direct competitors. Also, it was told to the court that there are different versions of Cyanogen OS that powers the Micromax and OnePlus smartphones. Hence, it does not affect the exclusive license acquired by the firm in India.
It has been suggested that OnePlus will be given three months time to sell its stock and to develop the software to substitute Cyanogen, but Micromax opposed this.