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The Issue of Anti-Suit Injunction & Anti-Enforcement Injunction

Tune in now to watch LawWiser video on Anti-suit Injunction and Anti-enforcement Injunction with our Consulting Editor Sania Husaini and Zafar Khurshid, Senior Partner, TKC Partners. In this video, we try to explore and understand these not so commonly used concepts.

The Delhi High Court in the case of Interdigital Technology Corporation vs. Xiaomi Corporation & Ors granted an anti-enforcement injunction. It is a one-of-a-kind case where it was held that a foreign court cannot restrain a party from pursuing their cause before Indian Court when Indian jurisdiction is the only competent forum to adjudicate the claim.

The issue started with the case that was filed for alleged use of technology without due authorisation. It was claimed by the claimant that they grant licenses at rates as per FRAND rates (fair, reasonable and non-discriminatory). In this case, injunctions were sought only if the defendants haven’t acquired licenses at FRAND rates.

The Delhi High Court has dealt with this case in detail and several factors were considered while deciding the case.

In this video, we explore and understand – the background and facts of this case – the concept of anti-suit injunction and anti-enforcement injunction – factors considered by the High Court – what precedent do this case set and the way ahead.

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