A Study on the Application of Anti-Suit Injunctions in Standard-Essential Patent Litigation in China

Abstract

In recent years, disputes between Standard-Essential Patent (SEP) holders and implementers concerning patent validity and compliance with FRAND licensing commitments have intensified. Chinese parties have frequently faced anti-suit injunctions (ASIs) issued by courts in UK, US and other countries in transnational disputes over Standard Essential Patents (SEPs). In response, Chinese courts have issued ASIs in six SEP-related cases by invoking behavior preservation measures. At the institutional level, China’s Civil Procedure Law still lacks explicit provisions establishing the ASI as a distinct legal instrument, and the existing behavior preservation system provides an insufficient doctrinal foundation for ASIs. At the practical level, the application of ASIs in Chinese judicial decisions lacks uniformity and clarity, with most rulings offering limited concrete analysis of the principle of international comity. China should systematically develop a coherent legal framework for ASIs through future legislation and judicial interpretations, clarifying the relevant factors for granting ASIs, application procedures and consequences for non-compliance. Simultaneously, judicial opinions should elaborate more thoroughly on the role of comity in ASI issuance.