I mentioned in January (here) that I had read of an October 2015 Romanian appellate decision allowing a preliminary injunction Vringo had obtained against ZTE relating to a standard-essential patent to remain in effect. David Cohen of Vringo has now passed along to me a copy of the appellate court decision translated into English, available here. According to the court, Vringo had originally obtained a preliminary injunction against ZTE Romania in 2014, and an appeal from this judgment was dismissed in January 2015. In August 2015, a district court denied ZTE Romania's motion to lift the preliminary injunction in view of the CJEU's July 16, 2015 judgment in Huawei v. ZTE, and in October 2015 the appellate court dismissed ZTE Romania's appeal. Specifically, the appellate court held that Huawei v. ZTE did not alter the status of the preliminary injunction as res judicata; and, as a "secondary consideration," that the January 2015 judgment "complie[d] with the requirements of [Huawei], based on the de facto elements that [the appellate court] was aware of when the decision was given."
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