UK Court Denies Jurisdictional Challenge in Conversant FRAND Suit Against Huawei and ZTE

April 22, 2018

The UK High Court of Justice has rejected a jurisdictional challenge in Conversant Wireless Licensing S.à.r.l.’s ongoing litigation against Huawei and ZTE. In an April 16 decision, Justice Henry Carr declined to accept arguments by the defendants, both incorporated in China, that the Court lacked jurisdiction because it could not adjudicate the validity of the Chinese patents in Conversant’s portfolio. Rather, Justice Carr held that a FRAND (fair, reasonable, and non-discriminatory) license would allow the defendants to challenge validity in parallel, and that such a license’s terms would account for the consequences of an invalidity ruling in another jurisdiction. Justice Carr also rejected the defendants’ attempt to dismiss the case due to forum non conveniens and for improper service.

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