Abstract
The year 2020 witnessed a tussle between an Indian and a Chinese court owing to the fair, reasonable and non-discriminatory (FRAND) licensing litigation between InterDigital (a company headquartered in the USA) and Xiaomi (a company headquartered in China). On 3 June 2020, Xiaomi initiated a suit at the Wuhan Intermediate People’s Court (Wuhan Court) seeking to determine royalty rates for numerous 3G and 4G standard essential patents (SEPs) owned by InterDigital in accordance with FRAND.1 Subsequently, InterDigital filed an infringement suit at the Delhi High Court (DHC) in respect of five of its Indian SEPs2 and three HEVC (High Efficiency Video Coding) video compression standards3 against Xiaomi.4 The Wuhan Court, by its order dated 23 September 2020, issued an anti-suit injunction (ASI) against InterDigital and proscribed them to seek an injunction against Xiaomi in the DHC. The Wuhan Court denied reconsidering its order. ASIs have been common in SEP proceedings as they reduce the expenses and avoid conflicting decisions in parallel jurisdictions.5
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