Samsung Electronics Co Ltd & Anor v ZTE Corporation & Ors

Samsung Electronics Co Ltd & Anor v ZTE Corporation & Ors

Unless there is a legitimate and substantiated objection to the forum, it does not constitute bad faith for a SEP owner to seek to force an implementer to accept determination of FRAND terms by the SEP holder’s preferred court rather than the implementer’s preferred court. The English court being first seised is not determinative. The declarations granted by the judge were set aside except for the jurisdictionally neutral declaration reflecting the parties’ agreement.

Parties
Claimant/respondent: Samsung Electronics Co., Ltd; Claimant/respondent: Samsung Electronics (UK) Limited; Defendant/appellant: ZTE Corporation; Defendant/appellant: ZTE (UK) Limited; Defendant/appellant: Nubia Technology Co., Ltd; Defendant/appellant: Livewire Telecom Limited; Defendant/appellant: Efones.com Limited
Jurisdiction
England and Wales
Judgment Date
11 March 2025
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Patents, FRAND Licensing, Standard Essential Patents, Jurisdictional Conflict, Interim Licence, Comity
Intellectual Property Competition Law International Commercial Law Patents FRAND Licensing Standard Essential Patents Jurisdictional Conflict Interim Licence +1 more

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Parties

Samsung Electronics Co., Ltd

Claimant/respondent

Samsung Electronics (UK) Limited

Claimant/respondent

ZTE Corporation

Defendant/appellant

ZTE (UK) Limited

Defendant/appellant

Nubia Technology Co., Ltd

Defendant/appellant

Livewire Telecom Limited

Defendant/appellant

Efones.com Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether it constitutes bad faith for a SEP owner to commence infringement proceedings in multiple courts to force an implementer to accept determination of FRAND terms by the SEP owner's preferred court rather than the implementer's preferred court
  2. 2 Whether the English court being first seised is determinative
  3. 3 Whether the declarations granted contravene comity

Ratio Decidendi

Unless there is a legitimate and substantiated objection to the forum, it does not constitute bad faith for a SEP owner to seek to force an implementer to accept determination of FRAND terms by the SEP holder’s preferred court rather than the implementer’s preferred court. The English court being first seised is not determinative. The declarations granted by the judge were set aside except for the jurisdictionally neutral declaration reflecting the parties’ agreement.

Court Disposition

appeal allowed

Orders

  • Declarations 1, 3, and 4 set aside; declaration 2 left standing pending further submissions.