Antisuit Injunctions a new fad or here to

Anti-suit Injunctions: a new fad or here to stay? Adrian Howes, Head of IP and Standards, IP Policy group 9 April 2021 1 © 2021 Nokia

Introduction 1. An initiation: What are Anti-suit injunctions and Anti-anti-suit injunctions? 2. The first pebble: How did they kick off in the world of SEPs? 3. A ripple turning into a tsunami: What is going on in China? 4. The first rock: Are the UK courts to blame (Unwired Planet v Huawei)? 5. A conclusion, more rocks or asteroids: are ASIs here to stay? 2 © 2021 Nokia

SEP Anti-suit and Anti-interference/Anti-anti-suit Injunctions Parties ASI AASI Date 3 Microsoft v Motorola USA – Granted by WD Washington court, upheld by 9 th Circ None Feb 2012 (for ASI) Continental v Nokia USA – Requested by Continental in ND California court Germany – Granted by Munich Regional Court and upheld on appeal July 2019 (for AASI) Lenovo v IPCom USA – Requested by Lenovo in ND California court France – Granted by Paris High Court Nov 2019 (for AASI) Huawei v Conversant China – Granted by China’s Supreme Court None Aug 2020 (for ASI) Xiaomi v Interdigital China – Granted by Wuhan Intermediate Court Samsung v Ericsson China – Granted by Wuhan Intermediate Court India – Granted by Delhi High Court Oct 2020 (for AASI) Germany – Granted by Munich Regional Court Feb 2021 (for AASI) USA – Granted by ED Texas (on appeal) Jan 2021 (for AASI) Related cases of interest in China: Oppo v Sharp (2020) – Shenzhen court claimed jurisdiction to determine a licence on a global basis Oppo v Sisvel (2020) – China’s Supreme Court ruled that Guangzhou court can hear anti-trust complaint on SEP licensing acts outside of China © 2021 Nokia