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 MediaTek's claims for discrimination and abuse of dominant position are withdrawn and not struck out.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- Jurisdiction applications dismissed; strike out application dismissed (save as withdrawn); permission to amend granted; alternative service set aside; consequential matters reserved.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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the English court has jurisdiction to determine FRAND terms for global patent portfolios
- 2 Whether claims for infringement, validity, and FRAND declarations relating to UK patents can proceed against foreign defendants
- 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)
Full Case Text
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