Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd & Ors [2018] EWHC 1216 (Ch) (08 May 2018)

Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd & Ors [2018] EWHC 1216 (Ch) (08 May 2018)

Permission to appeal is granted on justiciability and forum conveniens as these issues are suitable for appellate review and have a real prospect of success. Permission to appeal is refused regarding amendment of Particulars of Claim as it raises no issue of law or principle. A stay of proceedings is refused because the balance of justice favours progress of the action; steps ordered will not constitute submission to jurisdiction, and delay would cause prejudice to Conversant. Directions for technical trials and FRAND hearing are set, with time for second acknowledgment of service extended until after resolution of the appeal.

Citation
[2018] EWHC 1216 (Ch)
Parties
Claimant: Conversant Wireless Licensing S À 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
08 May 2018
Procedural Posture
Patents/infringement/frand Licensing / Application for Permission to Appeal and Application for Stay Pending Appeal
Outcome
Permission to appeal granted in part; stay refused; directions for trial set.
Legal Topics
Patents, Standard Essential Patents (seps), FRAND Licensing, Jurisdiction, Stay of Proceedings, Case Management
Intellectual Property Civil Procedure Patents Standard Essential Patents (seps) FRAND Licensing Jurisdiction Stay of Proceedings Case Management

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Parties

Conversant Wireless Licensing S À R. L.

Claimant

Huawei Technologies Co. Ltd

Defendant

Huawei Technologies (UK) Co. Ltd

Defendant

ZTE Corporation

Defendant

ZTE (UK) Limited

Defendant

Procedural Posture

Patents/infringement/frand Licensing / Application for Permission to Appeal and Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted on issues of justiciability and forum conveniens
  2. 2 Whether permission to appeal should be granted against amendment of Particulars of Claim
  3. 3 Whether proceedings should be stayed pending appeal on jurisdiction

Ratio Decidendi

Permission to appeal is granted on justiciability and forum conveniens as these issues are suitable for appellate review and have a real prospect of success. Permission to appeal is refused regarding amendment of Particulars of Claim as it raises no issue of law or principle. A stay of proceedings is refused because the balance of justice favours progress of the action; steps ordered will not constitute submission to jurisdiction, and delay would cause prejudice to Conversant. Directions for technical trials and FRAND hearing are set, with time for second acknowledgment of service extended until after resolution of the appeal.

Court Disposition

Permission to appeal granted in part; stay refused; directions for trial set.

Orders

  • Permission to appeal granted on justiciability and forum conveniens.
  • Permission to appeal refused on amendment of Particulars of Claim.