Samsung Electronics Co Ltd & Anor v ZTE Corporation & Ors

Samsung Electronics Co Ltd & Anor v ZTE Corporation & Ors

Expedition of the FRAND trial is warranted due to the risk of irreparable harm to Samsung from potential injunctions in major markets, the need to resolve the underlying commercial dispute efficiently, and to prevent detrimental effects of hold up. However, the trial cannot be listed in December 2025 due to congestion and prejudice to other litigants; a trial window commencing 12 January 2026 is appropriate and achievable without undue prejudice to the parties or administration of justice.

Parties
Claimant: Samsung Electronics Co., Ltd; Claimant: Samsung Electronics (UK) Limited; Defendant: ZTE Corporation; Defendant: ZTE (UK) Limited; Defendant: Nubia Technology Co., Ltd; Defendant: Livewire Telecom Limited; Defendant: Efones.com Limited
Jurisdiction
England and Wales
Judgment Date
24 March 2025
Procedural Posture
Commercial Intellectual Property Dispute / Interlocutory Application for Expedited Trial Listing
Outcome
Application for expedited trial listing granted in part; FRAND trial to be listed in window commencing 12 January 2026.
Legal Topics
FRAND Licensing, Standard Essential Patents, Injunctive Relief, Expedition of Trial, Cross Licensing, Global Portfolio Disputes
Intellectual Property Patents Competition Law FRAND Licensing Standard Essential Patents Injunctive Relief Expedition of Trial Cross Licensing +1 more

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Parties

Samsung Electronics Co., Ltd

Claimant

Samsung Electronics (UK) Limited

Claimant

ZTE Corporation

Defendant

ZTE (UK) Limited

Defendant

Nubia Technology Co., Ltd

Defendant

Livewire Telecom Limited

Defendant

Efones.com Limited

Defendant

Procedural Posture

Commercial Intellectual Property Dispute / Interlocutory Application for Expedited Trial Listing

Legal Issues

  1. 1 Whether a FRAND trial should be expedited and listed in January 2026
  2. 2 Whether the risk of injunctive relief in foreign jurisdictions justifies expedition
  3. 3 Whether the conduct of parties constitutes hold up or hold out

Ratio Decidendi

Expedition of the FRAND trial is warranted due to the risk of irreparable harm to Samsung from potential injunctions in major markets, the need to resolve the underlying commercial dispute efficiently, and to prevent detrimental effects of hold up. However, the trial cannot be listed in December 2025 due to congestion and prejudice to other litigants; a trial window commencing 12 January 2026 is appropriate and achievable without undue prejudice to the parties or administration of justice.

Court Disposition

Application for expedited trial listing granted in part; FRAND trial to be listed in window commencing 12 January 2026.

Orders

  • FRAND trial listed for 10-15 sitting days commencing 12 January 2026.
  • Directions for case management to be discussed and agreed in advance of CMC.