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

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

Permission to appeal is granted on justiciability and forum conveniens due to suitability for appellate review and potential impact of the Unwired Planet appeal; permission to appeal on amendment is refused as it raises no issue of law or principle. A stay of proceedings is refused because the balance of prejudice favours Conversant, and steps ordered do not constitute submission to jurisdiction, with undertakings recorded to protect defendants' position.

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
Patent Infringement and FRAND Licensing / Post Jurisdictional Challenge, Permission to Appeal and Stay Pending Appeal
Outcome
Permission to appeal granted on justiciability and forum conveniens; refused on amendment. Stay pending appeal refused. Case management directions given.
Legal Topics
Patent Infringement, FRAND Licensing, Jurisdiction, Stay of Proceedings, Case Management Directions
Intellectual Property Civil Procedure Patent Infringement FRAND Licensing Jurisdiction Stay of Proceedings Case Management Directions

Case Brief

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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

Patent Infringement and FRAND Licensing / Post Jurisdictional Challenge, Permission to Appeal and Stay Pending Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted on justiciability, forum conveniens, and amendment of Particulars of Claim
  2. 2 Whether proceedings should be stayed pending appeal on jurisdiction
  3. 3 Whether case management directions can be given pending jurisdictional appeal

Ratio Decidendi

Permission to appeal is granted on justiciability and forum conveniens due to suitability for appellate review and potential impact of the Unwired Planet appeal; permission to appeal on amendment is refused as it raises no issue of law or principle. A stay of proceedings is refused because the balance of prejudice favours Conversant, and steps ordered do not constitute submission to jurisdiction, with undertakings recorded to protect defendants' position.

Court Disposition

Permission to appeal granted on justiciability and forum conveniens; refused on amendment. Stay pending appeal refused. Case management directions given.

Orders

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