Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(Del) 989

C.HARI SHANKAR
Interdigital Technology Corporation – Appellant
Versus
Xiaomi Corporation – Respondent

Advocates Appeared:
Gourab Banerji, Advocate, Pravin Anand, Advocate, Vaishali Mittal, Advocate, Siddhant Chamola, Advocate, Manisha Singh, Advocate, Pallavi Bhatnagar, Advocate, Saikrishna Rajagopal, Advocate, Siddharth Chopra, Advocate, Sneha Jain, Advocate, Garima Sahney, Advocate, Anu Paarcha, Advocate, Victor Vaibhav Tandon, Advocate, Arjun Gadhoke, Advocate, Stuti Dhyani, Advocate, Charu Grover, Advocate

Judgement Key Points

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What is the legality and appropriateness of granting an ad interim anti-suit/enforcement injunction to restrain enforcement of a foreign court order in respect of SEP FRAND disputes?

What are the applicable principles and conditions (Modi Entertainment Network & Dinesh Singh Thakur) for granting anti-suit injunctions in the context of parallel foreign proceedings, and how do they apply to comity versus justice?

What constitutes maintainability and scope of relief when the foreign anti-suit order seeks to stop Indian court proceedings involving domestic SEPs and FRAND disputes?

Table of Content
1. background of anti-suit injunction. (Para 1 , 2 , 3 , 4 , 10 , 12)
2. court's analysis of judicial powers. (Para 13 , 14 , 15 , 16 , 25)
3. balance of comity and justice. (Para 18 , 22 , 23 , 24 , 26)
4. court's duty to ensure justice. (Para 40 , 41 , 42 , 57 , 58)
5. equitable principles for injunction. (Para 59 , 60 , 61 , 62 , 72)
6. court's final order regarding enforcement. (Para 79 , 80 , 81 , 82)

JUDGMENT

C. Hari Shankar, J. - I.A. 8772/2020 in CS(COMM) 295/2020

1. In a standard essential patent (SEP) royalty rate-setting suit, preferred against the plaintiff before the Wuhan Intermediate People''s Court (hereinafter referred to as "the Wuhan Court"), the defendant moved an application, on 4th August, 2020, seeking an anti-suit injunction, restraining the plaintiffs from prosecuting the present suit before this Court. In the said application, the Wuhan Court has, vide order dated 23rd September, 2020, issued the following directions:

"1. Upon service of this ruling, the Respondents InterDigital, Inc. and InterDigital Holdings, Inc. as well as the affiliates thereof shall immediately withdraw or suspend their application for any temporary injunction before the Hig

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2020 Supreme(Del) 989

C.HARI SHANKARInterdigital Technology Corporation – AppellantVersusXiaomi Corporation – Respondent

What is the legality and appropriateness of granting an ad interim anti-suit/enforcement injunction to restrain enforcement of a foreign court order in respect of SEP FRAND disputes?

What are the applicable principles and conditions (Modi Entertainment Network & Dinesh Singh Thakur) for granting anti-suit injunctions in the context of parallel foreign proceedings, and how do they apply to comity versus justice?

What constitutes maintainability and scope of relief when the foreign anti-suit order seeks to stop Indian court proceedings involving domestic SEPs and FRAND disputes?

Cases Referred (12)

C.HARI SHANKAR
Interdigital Technology Corporation – Appellant
Versus
Xiaomi Corporation – Respondent