Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd & Ors [2018] EWHC 2549 (Ch) (02 October 2018)

Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd & Ors [2018] EWHC 2549 (Ch) (02 October 2018)

Conversant substantially succeeded on the application as ZTE China agreed to amend the Shenzhen Complaint to remove or neutralise the challenged claims, which were found to be vexatious and obstructive to the English proceedings. Costs should follow the event, subject to a 5% deduction for the application being dismissed as against ZTE UK.

Citation
[2018] EWHC 2549 (Ch)
Parties
Claimant: Conversant Wireless Licensing S. A. R. L.; Defendant: Huawei Technologies Co. Ltd; Defendant: ZTE Corporation; Defendant: ZTE (UK) Limited
Jurisdiction
England and Wales
Judgment Date
02 October 2018
Procedural Posture
Application for Anti Suit Injunction / Post Hearing, Costs Determination After Compromise
Outcome
Application compromised; costs awarded to Conversant subject to deduction.
Legal Topics
Anti Suit Injunction, FRAND Licensing, Standard Essential Patents, Jurisdiction, Costs
Intellectual Property Civil Procedure Anti Suit Injunction FRAND Licensing Standard Essential Patents Jurisdiction Costs

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Parties

Conversant Wireless Licensing S. A. R. L.

Claimant

Huawei Technologies Co. Ltd

Defendant

ZTE Corporation

Defendant

ZTE (UK) Limited

Defendant

Procedural Posture

Application for Anti Suit Injunction / Post Hearing, Costs Determination After Compromise

Legal Issues

  1. 1 Whether an anti-suit injunction should be granted to restrain ZTE China from pursuing certain claims in Chinese proceedings that interfere with English proceedings
  2. 2 Who should bear the costs after compromise of the application

Ratio Decidendi

Conversant substantially succeeded on the application as ZTE China agreed to amend the Shenzhen Complaint to remove or neutralise the challenged claims, which were found to be vexatious and obstructive to the English proceedings. Costs should follow the event, subject to a 5% deduction for the application being dismissed as against ZTE UK.

Court Disposition

Application compromised; costs awarded to Conversant subject to deduction.

Orders

  • ZTE China to pay 65% of 95% of Conversant's costs on account, amounting to £175,370, within 28 days.
  • Enforcement of the costs order to be stayed pending the Jurisdiction Appeal unless Conversant undertakes to repay if appropriate.