July 2021

Eisenführ Speiser obtains Anti-Anti-Suit Injunction before the Düsseldorf District Court

Düsseldorf District Court positions itself on Anti-Suit Injunctions and Anti-Anti-Suit Injunctions. Several patent holders of Access Advance's HEVC patent pool have filed several Anti-Anti-Suit Injunctions (AASI) against Xiaomi before the Düsseldorf District Court, prohibiting Xiaomi from blocking patent infringement proceedings pending between the parties in Germany by means of a so-called Anti-Suit Injunction (ASI) in China.

In response to Xiaomi's opposition, the District Court of Düsseldorf has now confirmed these preliminary injunctions in three judgments. The District Court states that a preventive ban on an ASI in China can already be imposed if the company concerned has applied for such an ASI against a third party in the past and has not subsequently distanced itself from this conduct. As a result, the Düsseldorf District Court follows the case law of the Munich District Court on ASI and AASI.

HEVC Advance is represented by the lawyers Tilman Müller and Volkmar Henke.

JUVE Patent reports here.

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