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Federal Circuit Revisits Threshold for Anti-Suit Injunctions, Reversing and Remanding Denial in SEP Case

October 27, 2024

Standard essential patent (SEP) disputes often involve litigation in multiple different countries, which frequently leads to battles over jurisdiction as parties seek to have their claims decided in a preferred venue. One tool for doing so is a motion for an anti-suit injunction, which asks a court in one country to bar an opposing party from pursuing claims in a court in another country—or to bar the enforcement of decisions from the foreign court. Now, the Federal Circuit has weighed in on a key aspect of the caselaw governing such motions in the US. On October 24, the appellate court issued a precedential decision, in Ericsson v. Lenovo, that revisited the standard for a key threshold issue for anti-suit injunctions, loosening the requirement that a domestic case must be “dispositive” of a foreign action.


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