SPC issues China's first anti-anti-suit injunction in Huawei v Netgear case
On December 24, 2024, Judgments Online announced that the Supreme People's Court (SPC) had issued an anti anti-suit injunctions (AASI) against the "Huawei Netgear" case, marking the first time a Chinese court has issued an AASI.
The SPC ruled that during the trial period and after the judgment of these two cases, Netgear and its affiliated companies shall not apply to the US and other countries and local courts, customs or other administrative law enforcement agencies to prohibit Huawei from continuing or filing new patent infringement lawsuits against the Netgear company and its affiliated companies in China regarding these two cases.
Secondly, during the trial and after the judgment of these two cases, \Netgear and its affiliated companies shall not make any application to the US and other countries and local courts, customs or other administrative law enforcement agencies aimed at prohibiting Huawei from applying for enforcement of the judgment of the People's Republic of China Court against Netgear company in these two cases.
Thirdly, if Netgearand its affiliated companies have already filed the above-mentioned application in courts, customs or other administrative enforcement agencies in the United States and other countries and regions, they shall withdraw or suspend the above-mentioned application within 24 hours after receiving this ruling.
Fourthly, Netgearare not allowed to make adversarial applications against this ruling to courts, customs, or other administrative enforcement agencies in the United States or other countries and regions.
If this ruling is violated, from the date of violation, Netgear (Beijing) Network Technology Co., Ltd. and Netgear Company shall be fined RMB 1 million per day, accumulated on a daily basis.
This judgment has the following significant implications:
1. Huawei has once again won a major victory in China, Previously, the first instance court in China ruled in favor of Huawei. Currently, during the second instance trial, Huawei has filed a preservation of conduct ruling in the Supreme Court of China against Netgear's ASI/AEI in the United States, which has been supported. In addition, as IP Fray reported yesterday, Huawei has also won in Germany and UPC before.
2. The ruling was made by the Supreme Court of China, UPC and the Munich court in Germany have also issued AASI, but both are first instance courts.
3. This ruling is the first AASI action preservation ruling made by a Chinese court and has significant implications.
4. This ruling was made by the Chinese innovation subject as the patentee, reflecting the value of Chinese innovation and patents. The AASI previously made by UPC involved domestic enterprises, but they were all defendants/implementers, not patent owners.
5. The ruling shall be made within 48 hours after the court receives the application for preservation of conduct, and shall be made public on the judgement online, reflecting the efficiency of Chinese courts, the legal protection of innovation, and the transparency of judgment documents.
Full judgement on Wechat:
https://mp.weixin.qq.com/s/a10HXJDz9Uxlz5UAhhwaLw
More details on Wechat:
https://mp.weixin.qq.com/s/tfNov6wJ-M4q7kG_YVcyBQ?token=2053336940&lang=zh_CN