The Bristows FRAND Tracker has been updated with the recent interim decision in the action between IP Bridge and Huawei. IP Bridge had obtained an order granting permission to effect service of the claim on the two defendants domiciled in the People's Republic of China. The order also permitted IP Bridge to bypass service under the Hague Service Convention (HSC) and effect service by alternative means. and Huawei sought to challenge this aspect of the order.
The court set aside the order permitting service by alternative means, and required service to be effected in accordance with the HSC. This was no doubt partly influenced by Huawei's offer to accept service after 11 months if it was taking too long. However, the decision is a reminder that it is difficult to circumvent international treaties and, importantly in the FRAND space, that merely alleging 'hold-out' does not amount to an 'exceptional circumstance' that would allow the circumvention of the requirements of the HSC.
A more detailed summary may be found on our tracker of FRAND rulings.
...the factors in this case, whether taken in isolation or collectively, did not amount to the sort of exceptional circumstances that were required in order to justify a departure from service in accordance with the Hague Service Convention.