China Ignores Rule of Law to Dominate Global Telecommunications | RealClearPolicy
China s courts now routinely intervene in patent lawsuits filed in U.S. courts and in other jurisdictions. They do so solely to discriminate against U.S. and European innovators in favor of Chinese companies. Instead of deciding fairly the rights of innovators and accused infringers, courts in China set below-market royalty rates for patents on 5G and other technologies that are used in smartphones and other tech products made by Chinese companies like Huawei and Xiaomi.
China s courts intervene in U.S. patent infringement lawsuits by court decisions that lawyers call anti-suit injunctions. These are court orders that shut down a patent infringement lawsuit already filed in a U.S. or European court. In sum, these courts orders mandate that patent owners litigate only in Chinese courts. If the patent owner fails to comply, it faces severe sanctions, including seizure of company assets and tens of thousands of dollars in fines assessed daily.
In two particularly egregious cases, courts in Wuhan, China, issued anti-suit injunctions after ignoring basic due process rights and the rule of law. The U.S. and European patent owners InterDigital and Ericsson, respectively were given no notice of the Chinese lawsuits. Nor were they given notice of any of the Wuhan court proceedings that led to court orders that they terminate their properly filed patent infringement lawsuits in the U.S. and in other jurisdictions. This is not the rule law or due process.
Adam Mossoff. Those darn PRCers. Always abusing the rule of law.