Dual Handsets Sales To Be Hit! Dual Handsets Caught In A Legal Tangle

[vvinayakpai 26]

Dual-SIM patent-holder demands royalty

Rajesh S Kurup in Mumbai

March 13, 2009 09:42 IST

Dual-SIM handset manufacturers are in a spot after a Madurai resident, who holds the patent for such phones, asked the Indian Customs authorities to stop shipment of these phones till he was paid a royalty for every handset brought into the country.

Industry experts expect the move to hit the sales of dual-SIM handsets, which are imported into the country by companies including Nokia, Samsung, Meridian Mobile and Spice. More importantly, this could also affect the plans to manufacture these handsets in the country. It is estimated that around 100,000 dual-SIM phones are sold in the country every month.

The Madurai resident, Somasundaram Ramkumar, holds patent 'in India for phones with a plurality of SIM cards allocated to different communication networks.' The patent was awarded to him last year.

Ramkumar has moved the office of the commissioner of customs of Chennai Airport in this regard. The office has accepted his application and directed officials throughout the country to stop clearing shipments of dual-SIM phones, a source close to the development told Business Standard.

The application is valid for five years or till the time the patent is valid, whichever is earlier. Ramkumar is believed to have sought royalty (believed to be around Rs 35) for every dual-SIM phone shipped into the country.

Even though Ramkumar could not be immediately contacted for comments, manufacturers and distributors in the country confirmed the development.

European handset major Meridian Mobile CEO Rajiv Khanna said most of the companies had inventory for a couple of months. He hoped that the issue would be resolved by then. Meridian Mobile sells dual SIM handsets under the brand name Fly.

The Indian Cellular Association, the body of handset vendors in India, has already formed a committee to look into the matter, and has initiated dialogue with the customs department.

Dual-SIM handsets have two SIM slots and can work on both CDMA and GSM networks. They are popular among users due to the convenience of alternating between two numbers. These phones are particularly useful to international as some countries (like South Korea) do not have GSM networks, while others (certain places in the US) do not have CDMA networks.

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[ravi_patent 28]

a more relevant link is

http://www.livemint.com/2009/03/12235037/S...ort-law-li.html

[Sadikk 301]

I love this news, atlast someone out there who challenge MNCs who think india is for sale.

hey Somasundaram Ramkumar increase it to 100. they will pay it trust me. U have them by balls

[kesav 127]

Jai Ho India !!

This is one for which I've prayed for long.

This is the first time I'm hearing in India that some big international muscle & money players ( e.g. Samsung) are forced to detain their imports due to IP rights issue from an ordinary Indian.

If the person deserves royalty(if the technology is similar to his patent) then it should be paid to him.

I always felt India never used IPR properly till date.

We've lost huge amount of money which should ideally have got from different countries in the form of royalty.

Govt and Judiciary should demonstrate their capability in terms of protecting IPR of budding youngsters in country agianst money power.

Its an open challenge to Govt and Judiciary.

If this case is won, I think it'll certainly ignite many talented buds in India to take Science as means of making life instead of losing their brain in mundane repititive work in MNCs.

Edited March 14, 2009 by kesav

[supernova 47]

good to learn about this

[Puneet 0]

The news says the patent was issued last year (2008), while the dual sim phones have been in the market long before. The patent holder looks like an opportunist who wants to make some quick bucks from the MNCs by stalling their business. I am not too aware of the Indian patent laws, but am amazed how can a patent be granted to him for already existing solutions in the market.

Maybe I need to consult a friend who is a IP lawyer when I meet him next.

[mrasool 0]

The news says the patent was issued last year (2008), while the dual sim phones have been in the market long before. The patent holder looks like an opportunist who wants to make some quick bucks from the MNCs by stalling their business. I am not too aware of the Indian patent laws, but am amazed how can a patent be granted to him for already existing solutions in the market.

Maybe I need to consult a friend who is a IP lawyer when I meet him next.

Maybe you are right, but it says "the patent was issued last year (2008)". Which means the patent was granted last year. A patent claim usually takes 1-2 years to be granted from the date of application. It seems that this guy must have filed it in 2006 or 2007. And AFAIK, dual-SIM phones have been around since that time.

[ravi_patent 28]

http://economictimes.indiatimes.com/News-b...how/4306311.cms

The Madras High Court on Monday restrained mobile phone manufacturers Samsung, Mirc Electronics and Spice Mobile

and several

retailers from manufacturing and selling multiple SIM

holding mobile phones.

"On a petition filed by our client Somasundaram Ramkumar, Justice Jaypaul has issued an injunction whereby Samsung Electronics, Mirc Electronics and Spice Mobile were restrained from manufacturing multiple SIM holding mobile phones," D Ferdinand, Ramkumar's lawyer and a partner at legal firm BFS Legal, said.

Several retailers, including online retailers Ebay India and Rediff.com and importers were also restrained from selling such phones, he added.

Earlier, Ramkumar had accused the companies and retailers of infringing his patent for multiple SIM mobile phones.

The case will be taken for hearing April 13.

In another case filed by Ramkumar, the high court Justice K Venkatraman Monday ordered the Customs Department to implement the Intellectual Property Rights (Imported Goods) Enforcement Rules 2007 to protect the petitioner's legal rights.

The rules enable the customs officials to seize imported goods that infringe patents.

"This is my first step in establishing my right as a patent holder," an elated Ramkumar said.

A 36-year-old electronics engineer, Ramkumar holds the Indian patent (No.214388) for plurality of SIM cards in a single mobile handset as well as plurality of bluetooth devices in headphone and earphone jacks.

In his petition, Ramkumar said Mirc, Spice and Samsung were manufacturing mobile handsets infringing his patent for the product and the technology and 10 others were advertising and selling the products all over India.

On his complaint to the Chennai Customs Office, officials in various cities have already impounded import consignments of mobile handsets with plurality of SIM cards.

[ACS 130]

What about sale of Dual Chinese handsets.. should the few brand-less Chinamen also be bothered ?

[ravi_patent 28]

^^ yes everybody

Edited March 24, 2009 by ravi_patent

[kesav 127]

http://economictimes.indiatimes.com/News-b...how/4306311.cms

The Madras High Court on Monday restrained mobile phone manufacturers Samsung, Mirc Electronics and Spice Mobile

and several

retailers from manufacturing and selling multiple SIM

holding mobile phones.

"On a petition filed by our client Somasundaram Ramkumar, Justice Jaypaul has issued an injunction whereby Samsung Electronics, Mirc Electronics and Spice Mobile were restrained from manufacturing multiple SIM holding mobile phones," D Ferdinand, Ramkumar's lawyer and a partner at legal firm BFS Legal, said.

Several retailers, including online retailers Ebay India and Rediff.com and importers were also restrained from selling such phones, he added.

Earlier, Ramkumar had accused the companies and retailers of infringing his patent for multiple SIM mobile phones.

The case will be taken for hearing April 13.

In another case filed by Ramkumar, the high court Justice K Venkatraman Monday ordered the Customs Department to implement the Intellectual Property Rights (Imported Goods) Enforcement Rules 2007 to protect the petitioner's legal rights.

The rules enable the customs officials to seize imported goods that infringe patents.

"This is my first step in establishing my right as a patent holder," an elated Ramkumar said.

A 36-year-old electronics engineer, Ramkumar holds the Indian patent (No.214388) for plurality of SIM cards in a single mobile handset as well as plurality of bluetooth devices in headphone and earphone jacks.

In his petition, Ramkumar said Mirc, Spice and Samsung were manufacturing mobile handsets infringing his patent for the product and the technology and 10 others were advertising and selling the products all over India.

On his complaint to the Chennai Customs Office, officials in various cities have already impounded import consignments of mobile handsets with plurality of SIM cards.

Very nice move by HC.

It's a positive advertisement for Indian Judiciary and IPR India.

Let us wait and see the results.

[akg7091 4]

Very bad move by the judiciary.

The guy is an opportunist. He did not design the system or anything. He just patented the idea. It is ridiculous. Even I used to think abou multiple connections in a phone 10 years back when Airtel was first launched.

The guy is nothing more than a patent troll and I wish the companies' lawyers take him by the balls and...............

[supernova 47]

what does the court oeder means ? retailers cant sell dual sim phones ?

Edited April 4, 2009 by supernova

[commonman 228]

^^^

The restriction appears to be on the Manufacturers/Importers only

[ACS 130]

Very bad move by the judiciary.

The guy is an opportunist. He did not design the system or anything. He just patented the idea. It is ridiculous. Even I used to think abou multiple connections in a phone 10 years back when Airtel was first launched.

The guy is nothing more than a patent troll and I wish the companies' lawyers take him by the balls and...............

We all have mixed reactions..

But it would be wrong to accuse him merely on the basis of him conceptualizing an idea.

Intellectual property rights has its own place in the legal system & around the world.

If others do the same & make money, why not him.. although i dont know the intricate details.

Anyways, its not just about supporting an Indian..

As far as buyers are concerned, it will not hit our pockets much.

Here 'the early bird caught the worm' - you should have had the knowledge & willingness to file a patent if you could forsee this 'multiple connections / Dual technology' thing.

[akg7091 4]

@ ACS : I know you are right, but it's still wrong for the courts to be on his side ( assuming that he just patented the idea and not some specific technique/process ). Let's see how it pans out. I hope it doesn't affect newer models coming out as the need for dual sim phones will be felt even more with newer operators.

It's actually a fault of the patent office for granting patents on products already in the market. Many people have tried this in the past. While the majority had their patents cancelled, a few did get lucky.

[ACS 130]

^^^^ I too felt that the Dept. granting this patent may have been at fault as he just patented the idea and not some specific technique/process.

But in that case, why are these 'Biggies' not able to do anything about it ?

Surely he has taken the right route or maybe we in India have weak 'Intellectual Property Right' laws.

Anyways.. he surely my next best friend

Edited April 4, 2009 by ACS

[kesav 127]

I don't want to decide whether the idea is worth of a patent till I read the patent report.

In India, it takes more than 7 years to get a patent.

I'm sure that our patent attroneys and patent office people are not fools to just patent an idea.

Whatever Judiciary has done is absolutely expected of it and a welcome move.

It gives publicity for the IPR laws(to make citizens aware that IPR exists in India) and sends signals Judiciary is there to protect it.

Judiciary is there to act against the people who breaks the law in this case IPR and it has done its part.

Its now job of the prosecution and defence lawyers to prove what patent office has done is right or wrong in front of Judiciary.

If the verdict turns negative, then among the three(Judiciary,Patent holder and Patent Office), it was only the patent office who has done wrong.

[savramesh 37]

HC to hear dual-SIM patent case today

Economic Times

13 Apr 2009, 0444 hrs IST

CHENNAI: The Madras High Court will hear a petition filed by a Madurai-based engineer Somasundaram Ramkumar seeking the enforcement of patent protection for his invention, the dual SIM card technology used in mobile phones. Mr Somasundaram, who says that he got his patent in 2008 after filing for it in 2002, is upset that mobile phone companies such as Samsung, Spice are using the technology without paying him any royalties.

More News

[savramesh 37]

Economic Times

13 Apr 2009, 2102 hrs IST

Dual SIM case adjourned by a fortnight

CHENNAI: On an anti-climax to the awaited court hearing of the civil suit on patent infringement in dual SIM card technology, the Madras high court adjourned the case to the 27th of April, on purely procedural issues. It turned out that only 9 of the 13 defendants have been served notices so far, in the ‘service haring’ that happened at the HC on Monday, when the notices, and responses filed by the defendants were verified.

More News

[amit.shah 51]

litigations in india are unwarranted prolonged b'coz of all this unnecesary adjournements.

[savramesh 37]

Samsung may win dual-SIM patent case

Livemint

May 25 2009. 10:42 PM IST

Mumbai: The Mumbai commissioner of customs has ruled that importers of dual-SIM mobile phones, such as Samsung India Electronics Pvt Ltd and Chennai-based Hansum India Ltd, have not infringed a patent held by Madurai-based engineer S. Ramkumar.

SIM, or subscriber identification module, is the technology that uniquely identifies a mobile phone connection.

After hearing Samsung as well as the patent holder on a petition filed by the Korean firm at Mumbai Customs last week, Mumbai commissioner of customs (imports) Mathew John ruled that the claim made by Ramkumar was “vexatious.”

The imports did not infringe the patent granted to him, John said.

The Chennai patent office had in January 2008 granted a patent to Ramkumar for mobile phones with the capability of using two SIM cards. Under the patent, Ramkumar appealed to customs officials at all airports to seize the imports of such phones unless they are licensed by the patent holder for a fee ranging between Rs35 and Rs50 a handset.

These phones are imported by at least 15 companies including Samsung, LG Electronics India Ltd and several domestic importers.

While the patent has been challenged by Samsung, Spice Mobile Ltd and a few members of the Indian Cellular Association at the Indian patent dispute redressal forum Intellectual Property Appellate Board (IPAB) by post-grant opposition, customs authorities had already seized imports at a number of airports.

“Demurrage and other warehousing charges arising due to suspension of clearance are liquidated amounts and are to be borne by the patent holder,” John said in his ruling.

The Chennai commissioner of customs had also ruled in favour of the importers early last week. This is the first time that the customs officials have ruled in a patent case.

A Samsung Electronics spokesperson in India said, “We welcome the decision of the Customs authority, and our position on this issue has been upheld.”  

Ramkumar was not available for comment on Monday.

[savramesh 37]

Patent for dual-sim mobile suspended

Source

CHENNAI: Operation of patent granted to a Madurai-based person for dual mode mobile handsets has been suspended by the Intellectual Property Appellate Board (IPAB) here.

An interim ruling to this effect was given by an IPAB bench comprising vice-chairman S Usha and technical member S Chandrasekaran, on a revocation application filed by the Noida-based Spice Mobiles Limited.

The matter relates to a patent granted by the controller of patents to Somasundaram Ramkumar for a dual mode mobile phone. Spice Mobiles filed a revocation petition, stating that customs authorities had blocked import of materials for their handset, on the ground that it was a patent violation. Claiming that the company had lost business worth Rs 35 crore in February and March 2009, the company said a large number of their handsets had been detained by authorities.

As for Somasundaram Ramkumar's patent, the company said he had not manufactured and marketed any patented product and an interim order would not cause any loss to him.

Noting that any delay in an interim ruling would tantamount to dismissal of the main petition itself, the company said that by the time the main matter comes up for hearing the company and various stake-holders would suffer losses of high magnitude.

[savramesh 37]

Legal | Madras HC sets aside IPAB order on dual SIM

Source

Earlier this week, IPAB had, on an appeal filed by mobile phone importer Spice Mobile Ltd, passed an interim order on staying operation of patent No. 214388

Mumbai: The Madras high court on Friday set aside a Monday order by India’s Intellectual Property Appellate Board (IPAB) that suspended a patent for dual SIM (subscriber identity module) mobile phones granted to S. Ramkumar, a Madurai- based electronics engineer.

The patent was granted in 2008 by the Chennai patent office. Earlier this week, IPAB had, on an appeal filed by mobile phone importer Spice Mobile Ltd, passed an interim order on staying operation of patent No. 214388.

On the basis of his patent, Ramkumar had sought seizure of imports and local production of multiple SIM card mobile phones by companies such as Samsung India Electronics Ltd, Spice Mobile, and LG Electronics India Ltd, among others.

Ramkumar’s lawyer K.M. Aasim Shehzad told Mint the Madras HC passed the order.

[_Kailash_ 63]

wow this is some good news

come on Ram Challenge does damn bull heads