In September 2023, China's Supreme People’s Court confirmed Chinese courts’ global jurisdiction in SEP cases, upholding the lower court’s ruling in the OPPO v. Interdigital dispute over licensing fees for standard essential patents.
Anti-Suit Injunction in China
In August 2020, the Intellectual Property Court of China’s Supreme People’s Court (SPC) issued, in Huawei v. Conversant (2019), the first-ever conduct preservation order as equivalent to anti-suit injunctions in China’s IP-related litigation.
Recently, the judge who issued the second anti-suit injunction in China wrote an article on the anti-suit injunctions in the standard essential patent (SEP) litigation.
Due to the internationalization of intellectual property right disputes, Chinese companies are more likely to be involved in parallel litigations in multiple jurisdictions around the world thus increasing the risk of Chinese companies encountering anti-suit injunctions.
In September 2020, a conduct preservation order as equivalent to anti-suit injunctions was issued by a Shenzhen court in ZTE v. Conversant (2018), restraining Conversant from applying to the German court to enforce the German judgment.