Warner Bros. Discovery, Inc. & Anor v Nokia Corporation & Anor

Parties

Procedural Posture

Patent/intellectual Property / Ex Parte Application for Service Out of Jurisdiction and Anti Anti Suit Injunction (aasi) Relief

Legal Issues

1. 1 Whether the English court should grant permission to serve proceedings out of the jurisdiction on the Defendants for patent and RAND claims
2. 2 Whether the English court should grant an anti-anti-suit injunction (AASI) and associated relief to protect its jurisdiction and the integrity of its process in the context of global SEP litigation
3. 3 Whether the risk of the Defendants seeking anti-suit relief in foreign jurisdictions justifies ex parte interim AASI relief

Ratio Decidendi

The court granted permission to serve the proceedings out of the jurisdiction and granted the anti-anti-suit injunction (AASI) and associated relief on an ex parte basis. The judge found that, although the risk of Nokia seeking anti-suit or anti-interim licence injunctions in foreign courts was not overwhelming, it was not negligible and justified interim relief to protect the English court's jurisdiction and the integrity of its process. The relief was justified by the need to preserve the status quo and prevent potentially irreparable harm to the Claimants' claims, pending a return date at which the Defendants could be heard. The court considered the relevant legal principles, the...

Court Disposition

Permission to serve out of the jurisdiction granted; anti-anti-suit injunction (AASI) and associated relief granted on an ex parte interim basis.

Orders

• Permission to serve proceedings out of the jurisdiction on both Defendants granted.
• Confidentiality order granted.