In the face of a US motion for an anti-suit injunction by Netgear, the UPC has issued an anti-anti-suit injunction ex parte in Huawei v Netgear UPC_CFI_791/2024 (Munich Local Division).
The decision prohibits Netgear from pursuing anti-suit or anti-enforcement measures in the US, or from pursuing other measures aimed at preventing the UPC proceedings.
In response, Netgear has withdrawn its anti-suit motion in the US and has now taken a Wi-Fi 6 pool licence from Sisvel, which includes Huawei's patents. In a parallel action, the Munich Regional Court also issued an anti-anti-suit injunction.
David Webb, a senior associate in the HSF IP practice, commented:
"Those practising FRAND litigation will be familiar with anti-suit injunctions, as well as the proliferation of responsive anti-anti-suit, anti-anti-anti-suit injunctions, and so on. It is significant that the UPC has now proven itself willing and able to grant such relief. The forum in which FRAND disputes are decided is hugely significant and often influenced by the respective speed of proceedings. The fact that the UPC aims to resolve disputes within a year makes it a significant jurisdiction for such disputes, as demonstrated by Netgear taking a licence shortly after receiving the anti-anti-suit injunction."
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