Will China's New Anti-Suit Injunctions Shift the Balance of Global FRAND Litigation?

5 Pages Posted: 1 Dec 2020 Last revised: 23 Dec 2020

See all articles by Jorge L. Contreras

Jorge L. Contreras

University of Utah - S.J. Quinney College of Law

Yang Yu

Shanghai University of International Business and Economics

Date Written: November 5, 2020

Abstract

By issuing anti-suit injunctions (ASIs) in Conversant v. Huawei and InterDigital v. Xiaomi in late 2020, Chinese courts have signaled a new willingness to vie for jurisdictional authority in global battles over standard-essential patents and FRAND licensing. While the Supreme People’s Court in Conversant largely followed the pattern of US and UK courts that have issued ASIs in similar cases, the ruling of the Wuhan court in InterDigital is far broader in two major respects. First, its geographic scope is not limited to the country in which InterDigital sought injunctive relief (India), but extends to all jurisdictions in the world. Second, it prohibits InterDigital from seeking a determination of a global FRAND rate for its 3G/4G patents anywhere in the world. In view of these two recent cases, China has clearly joined the international race to be the jurisdiction of choice for determining FRAND royalty rates in global disputes involving standard-essential patents.

Keywords: China, FRAND, anti-suit injunction, injunction, standard, standards-essential patent, SEP

Suggested Citation

Contreras, Jorge L. and Yu, Yang, Will China's New Anti-Suit Injunctions Shift the Balance of Global FRAND Litigation? (November 5, 2020). Patently-O, Oct. 22, 2020, University of Utah College of Law Research Paper No. 403, Available at SSRN: https://ssrn.com/abstract=3725921 or http://dx.doi.org/10.2139/ssrn.3725921

Jorge L. Contreras (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

Yang Yu

Shanghai University of International Business and Economics ( email )

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