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

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

The English court has jurisdiction to hear claims for infringement of UK patents and to determine the terms of a global FRAND licence as relief, provided it does not adjudicate on the validity of foreign patents. The claims are justiciable, England is the appropriate forum, service on the Chinese Defendants in England was invalid, but permission for service out is granted as the claims fall within the relevant jurisdictional gateways and there is a serious issue to be tried.

Parties
Claimant: Conversant Wireless Licensing S.A.R.L.; Defendant: Huawei Technologies Co. Ltd; Defendant: Huawei Technologies (UK) Co. Ltd; Defendant: ZTE Corporation; Defendant: ZTE (UK) Limited
Jurisdiction
England and Wales
Judgment Date
16 April 2018
Procedural Posture
Patent Infringement and FRAND Licence Determination / Ruling on Jurisdictional Challenge, Forum Non Conveniens, and Service Out
Outcome
Defendants' applications dismissed; permission to serve out granted
Legal Topics
Patent Infringement, FRAND Licensing, Jurisdiction, Forum Non Conveniens, Service Out of Jurisdiction
Intellectual Property Civil Procedure Conflict of Laws Patent Infringement FRAND Licensing Jurisdiction Forum Non Conveniens Service Out of Jurisdiction

Case Brief

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Parties

Conversant Wireless Licensing S.A.R.L.

Claimant

Huawei Technologies Co. Ltd

Defendant

Huawei Technologies (UK) Co. Ltd

Defendant

ZTE Corporation

Defendant

ZTE (UK) Limited

Defendant

Procedural Posture

Patent Infringement and FRAND Licence Determination / Ruling on Jurisdictional Challenge, Forum Non Conveniens, and Service Out

Legal Issues

  1. 1 Whether the English court has jurisdiction to determine claims for infringement of UK patents and to set terms of a global FRAND licence
  2. 2 Whether the claims are non-justiciable as they relate to foreign patents
  3. 3 Whether England is the appropriate forum (forum conveniens)

Ratio Decidendi

The English court has jurisdiction to hear claims for infringement of UK patents and to determine the terms of a global FRAND licence as relief, provided it does not adjudicate on the validity of foreign patents. The claims are justiciable, England is the appropriate forum, service on the Chinese Defendants in England was invalid, but permission for service out is granted as the claims fall within the relevant jurisdictional gateways and there is a serious issue to be tried.

Court Disposition

Defendants' applications dismissed; permission to serve out granted

Orders

  • Defendants' application to dismiss claims as non-justiciable is rejected
  • Defendants' application for a stay on grounds of forum non conveniens is rejected