Tuesday, February 5, 2019

Resources on Anti-Suit Injunctions

As readers may be aware, in at least three cases (Microsoft v. Motorola, TCL v. Ericsson, and Huawei v. Samsung, the last of these discussed on this blog here and here) U.S. courts have issued anti-suit injunctions in FRAND/SEP cases.  In preparation for my presentations later this week in Tokyo and Nagoya, I've been reading up on anti-suit injunctions, and would like to draw readers' attention to three sources in particular.  The first is Thomas Raphael, The Anti-Suit Injunction (Oxford Univ. Press 2008), with a 2010 supplement. The book provides an exhaustive discussion of anti-suit injunctions in the U.K.  The second is a 2015 Ph.D. thesis by Mauro Magro titled Anti-Suit Injunctions in Transnational Litigation:  Is Their Usage Still Justifiable?, which among other things provides a comparative overview of the subject in Europe, the U.S., Canada. (Although the civil law countries generally disapprove of anti-suit injunctions, the author notes a few possible exceptions.)  The third is a paper I previously noted on this blog, namely Jorge Contreras & Michael Eixenberger, The Anti-Suit Injunction-A Transnational Remedy for Multi-Jurisdictional SEP Litigation, in The Cambridge Handbook of Technical Standardization Law: Patent, Antitrust and Competition Law (Jorge L. Contreras, ed. 2017).  Here is a link to the ssrn version.

All three of these sources cite to other relevant primary and secondary literature, so if you're looking for source material on anti-suit injunctions--which I suspect are going to be more frequently requested in the common-law countries that permit them, particularly in FRAND/SEP cases--these are good places to start.

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