Chinese court cannot stop suit in India, says Delhi High Court

Halts enforcement of Wuhan court order against U.S. tech firm on Xiaomi patent infringement

In a strongly worded judgment, the Delhi High Court has ruled that a foreign court does not have the jurisdiction to restrain a party before it from pursuing its cause before a court in India. Justice C. Hari Shankar halted the enforcement of an order passed by the Wuhan Intermediate People’s Court in September last year directing InterDigital Technology Corporation, a U.S. technology firm, not to pursue its patent infringement case against Chinese tech giant Xiaomi Corporation in India. “...It is totally impermissible for a court in one sovereign jurisdiction to injunct the party before it from pursuing its cause against infringement of its intellectual property before another sovereign jurisdiction...,” Justice Shankar observed.