MediaTek Inc & Ors v Huawei Technologies Co Ltd & Anor

MediaTek Inc & Ors v Huawei Technologies Co Ltd & Anor

The English court has jurisdiction to determine FRAND terms for UK patents and related global portfolios where claims are anchored in UK patent rights, even if the bulk of commercial activity is outside the UK. Parallel proceedings in China do not justify a stay or strike out, as the Chinese actions do not resolve the global dispute or bind the English court. Alternative service is not justified absent special circumstances. MediaTek's claims for discrimination and abuse of dominant position are withdrawn and not struck out. Permission to amend is granted, subject to clarification on damages. The Third Claimant's claims are not struck out at this stage.

Parties
Claimant: MediaTek, Inc; Claimant: HFI Innovation, Inc; Claimant: MTK Wireless Limited; Defendant: Huawei Technologies Co, Ltd; Defendant: Huawei Technologies (UK) Co Ltd
Jurisdiction
England and Wales
Judgment Date
18 March 2025
Procedural Posture
Patents and FRAND Licensing Dispute / Ruling on Jurisdiction, Strike Out, Amendment, and Service Applications
Outcome
Jurisdiction applications dismissed; strike out application dismissed (save as withdrawn); permission to amend granted; alternative service set aside; consequential matters reserved.
Legal Topics
Patents, FRAND Licensing, Standard Essential Patents, Jurisdiction, Forum Conveniens, Case Management Stay, Alternative Service, Abuse of Dominant Position, Anti Trust, Declaratory Relief

Case Brief

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Parties

MediaTek, Inc

Claimant

HFI Innovation, Inc

Claimant

MTK Wireless Limited

Claimant

Huawei Technologies Co, Ltd

Defendant

Huawei Technologies (UK) Co Ltd

Defendant

Procedural Posture

Patents and FRAND Licensing Dispute / Ruling on Jurisdiction, Strike Out, Amendment, and Service Applications

  1. 1 Whether the English court has jurisdiction to determine FRAND terms for global patent portfolios
  2. 2 Whether claims for infringement, validity, and FRAND declarations relating to UK patents can proceed against foreign defendants
  3. 3 Whether parallel proceedings in China justify a stay or strike out of the English claims

Ratio Decidendi

The English court has jurisdiction to determine FRAND terms for UK patents and related global portfolios where claims are anchored in UK patent rights, even if the bulk of commercial activity is outside the UK. Parallel proceedings in China do not justify a stay or strike out, as the Chinese actions do not resolve the global dispute or bind the English court. Alternative service is not justified absent special circumstances. MediaTek's claims for discrimination and abuse of dominant position are withdrawn and not struck out. Permission to amend is granted, subject to clarification on damages. The Third Claimant's claims are not struck out at this stage.

Court Disposition

Jurisdiction applications dismissed; strike out application dismissed (save as withdrawn); permission to amend granted; alternative service set aside; consequential matters reserved.

Orders

  • Set aside paragraphs 3 and 4 of Service Order
  • Permission to amend Claim Form and Particulars of Claim (subject to clarification on damages)