Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd & Ors

Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd & Ors

Conversant substantially succeeded on the application as ZTE China agreed to amend the Shenzhen Complaint to remove or neutralise the principal aspects of the Targeted Claims. The court found that the Targeted Claims were vexatious and would have granted an anti-suit injunction had the matter not been compromised. Costs were awarded to Conversant, subject to a 5% deduction for the application being dismissed as against ZTE UK.

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 / Costs Determination After Compromise
Outcome
Costs awarded to Conversant, subject to a 5% deduction; payment on account ordered.
Legal Topics
Anti Suit Injunctions, FRAND Licensing, Jurisdiction, Costs
Intellectual Property Civil Procedure Anti Suit Injunctions FRAND Licensing Jurisdiction Costs

Case Brief

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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 / Costs Determination After Compromise

Legal Issues

  1. 1 Whether the Targeted Claims in the Shenzhen Proceedings were vexatious, oppressive or unconscionable and justified an anti-suit injunction
  2. 2 Whether costs should be awarded to Conversant 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 principal aspects of the Targeted Claims. The court found that the Targeted Claims were vexatious and would have granted an anti-suit injunction had the matter not been compromised. Costs were awarded to Conversant, subject to a 5% deduction for the application being dismissed as against ZTE UK.

Court Disposition

Costs awarded to Conversant, subject to a 5% deduction; payment on account ordered.

Orders

  • ZTE China to pay 65% of 95% of Conversant’s costs, calculated at £175,370, within 28 days.
  • Permission to apply for variation of the costs order following judgment on the Jurisdiction Appeal.