Photo of George Varghese

Principal Associate in the Dispute Resolution practice at the New Delhi office of Cyril Amarchand Mangaldas. George advises on international and domestic commercial disputes before courts and arbitral tribunals. George can be reached at george.varghese@cyrilshroff.com

‘FRANDLY’ RELATIONS - INDIAN COURTS CAN GRANT ANTI-ENFORCEMENT INJUNCTIONS WHEN FOREIGN COURTS ISSUE ANTI-SUIT INJUNCTIONS TO DENY ITS COMPETENT JURISDICTION

The Delhi High Court in the Interdigital Technology Corporation & Ors. v. Xiaomi Corporation & Ors. case granted an anti-enforcement injunction against an anti-suit injunction obtained in a foreign jurisdiction. Xiaomi on June 9, 2020, filed an SEP royalty rate-setting suit in the Wuhan Intermediate People’s Court (“Wuhan Court”) to determine global FRAND rates to obtain SEP licences across the world. Thereafter, on September 23, 2020, Xiaomi obtained an anti-suit injunction (“ASI”) from the Wuhan Court, restraining Interdigital from proceeding with their July 2020 suit before the Delhi High Court that sought the following reliefs: a) To injunct Xiaomi from infringing its 3G and 4G Standard Essential Patents (SEPs) and b) Declaration of FRAND (fair, reasonable and non-discriminatory) pricing terms for the six Indian patents in question, provided that Xiaomi should elect to execute a licence in lieu of the aforesaid injunction. Interdigital in this suit sought relief from the Court to not only indemnify it from the costs handed down by the Wuhan Court’s order, but also that it not be enforced.
Continue Reading ‘Frandly’ Relations: Indian Courts Can Grant Anti-Enforcement Injunctions when Foreign Courts Issue Anti-Suit Injunctions to Deny its Competent Jurisdiction (Xiaomi V. Interdigital)