For those who are not up to date with the latest industry news, here is a news flash that will surprise you – Two of the biggest players in the mobile industry, Huawei and Samsung, are battling in court since 2016. Apparently what started the clash between these titans was Samsung’s alleged use of Huawei’s technology without permission. This alleged violation on behalf of Samsung brought Huawei’s legal team to file two separate law suits, one in the US and the second in China.
Legally speaking, the Chinese lawsuit by Huawei was a smart move, positioning the company exactly where it should be. In addition, it exposed the emerging power and effect of the Chinese court regarding copyright and patent infringement. The Chinese court found Samsung responsible for using Huawei’s cellular technology without permission and delaying the process of licensing Huawei’s service. As a result, the Chinese court decided to issue an order which will deny Samsung’s Chinese affiliates from selling and manufacturing 4G LTE smartphones in the entire province of China. This counts as an unprecedented decision by the Chinese justice system, exposing its righteousness and power.
Having that said, there is just one more thing to consider, which the U.S. lawsuit. Judge Orrick of the U.S district court for the Northern District of California issued a court order preventing Huawei from enforcing the injunction by the Chinese court of Shenzhen. This case provides an exciting perspective into how a U.S. court deals with an enforcement of a foreign court order.
This interesting case exposes us to the emerging power of the Chinese court system and its global effect. Times are changing and it seems like Chinese courts have gained significant power over the years in terms jurisdiction for big companies who seek patent litigation.