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ARTICLE · 25 JUNE 2021

Interdigital Vs.Xiaomi: India's First Anti-Enforcement Injunction Order

Khurana & Khurana, Advocates and IP Attorneys
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The concept of anti-suit injunction and anti-enforcement injunction is gaining prominence worldwide including in India.

IndiaIntellectual Property

The concept of anti-suit injunction and anti-enforcement injunction is gaining prominence worldwide including in India. Recently, the Delhi High Court in Interdigital Technology Corporation vs. Xiaomi Corporation & Ors.1 granted an anti-enforcement injunction. It was held that a foreign court cannot restrain a party from pursuing its cause before Indian Court when Indian jurisdiction is the only forum competent to adjudicate the claim. In this article, the author will try to analyze why this judgment is a breakthrough for international dispute redressal proceedings. The article will also focus on the implications of this judgment.

Background of case

Interdigital had filed a case of infringement against Xiaomi in July 2020 in the Delhi High Court for the alleged use of technology of their SEPs without due authorization. Interdigital claimed that it grants licenses at rates that are fair, reasonable, and non-discriminatory (FRAND). In this case, the plaintiffs did

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