Intellectual Property Law

Antisuit Injunction Not Available to Stop Litigation in China Despite Prior California Settlement

By Michael F. Kelleher

In Brief: After the parties settled an earlier patent infringement suit with a settlement agreement providing for California choice of law and submission to California courts for jurisdiction, disputes again arose causing one party to file litigation in California and the other to file a suit in the Peoples' Republic of China. The trial court denied a motion for an antisuit injunction barring further litigation of the case in China, citing concerns of international comity, and rejecting claims that the litigation in China would violate plaintiff's rights. The court of appeal affirmed.

Full post as published by IP Law Observer on April 01, 2008 (boomark / email).