Samsung v. Huawei

Judge Orrick applied the following legal standards in his determination of whether an antisuit injunction should be granted:

“A federal district court with jurisdiction over the parties has the power to enjoin them from proceeding with an action in the courts of a foreign country, although the power should be ‘used sparingly.’” Seattle Totems Hockey Club, Inc. v. Nat'l Hockey League, 652 F.2d 852, 855 (9th Cir. 1981). “Such injunctions allow the court to restrain a party subject to its jurisdiction from proceeding in a foreign court in circumstances that are unjust.” E. & J. Gallo Winery v. Andina Licores S.A., 446 F.3d 984, 989 (9th Cir. 2006)(“Gallo”). The Ninth Circuit employs “a three-part inquiry for assessing the propriety of such an injunction.” Microsoft Corp. v. Motorola, Inc., 696 F.3d 872, 881 (9th Cir. 2012)(“Microsoft II”); see also Gallo, 446 F.3d at 990 (establishing framework for determining whether to issue anti-suit injunction). First, we determine whether or not the parties and the issues are the same in both the domestic and foreign actions, and whether or not the first action is dispositive of the action to be enjoined. Second, we determine whether at least one of the so-called Unterweser factors applies. Finally, we assess whether the injunction’s impact on comity is tolerable. Microsoft II, 696 F.3d at 881 (citations and internal quotation marks omitted); see id. at 882 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 United States District Court Northern District of California (referring to three-part inquiry as the “Gallo framework”).^[5]

After a review of the facts and circumstances in light of the law, Judge Orrick decided:

“In accordance with the foregoing, Samsung’s motion to enjoin Huawei from enforcing the injunction orders issued by the Shenzhen court is GRANTED. Huawei should not seek to enforce those orders until I have the ability to determine the breach of contract claim it chose to present in this action prior to filing the Chinese actions”^[6]

Scott Graham use the headline “Judge Blocks Huawei's Chinese Injunctions Against Samsung”. ^[7] Strictly speaking that headline is inaccurate as the US anti-suit injunction only prevents Huawei from enforcing the Chinese judgment. It does not affect the judgment of the Chinese court in any way.

• Samsung Answer to Complaint CASE NO. 16-cv-02787-WHO Archived 2022-01-22 at the Wayback Machine
• Huawei Complaint CASE NO. 16-cv-02787-WHO Archived 2022-01-22 at the Wayback Machine
• Judgment of Shenzhen Intermediate People's Court
• Judge Orrick enjoins Huawei from enforcing injunction for infringing SEPs issued by China’s Shenzhen court (Huawei v. Samsung) Archived 2019-03-06 at the Wayback Machine
• ORDER GRANTING SAMSUNG'S MOTION FOR ANTISUIT INJUNCTION Archived 2019-03-06 at the Wayback Machine
• Judge Blocks Huawei's Chinese Injunctions Against Samsung