A U.S. Court of Appeals for the Seventh Circuit ruling upheld $1 million a day in sanctions against Hytera Communications for violating an order to drop a trade secrets and copyright litigation case in China demonstrates the power of antisuit injunctions. While antisuit injunctions are common when litigating licensing rates over standard-essential patents, penalties reaching millions of dollars have been rare.
In a Law360 article, IP litigation partner Kevin Post explained that a lack of transparency in Chinese courts is part of what makes antisuit injunctions challenging.
"U.S. legal practitioners are used to a certain level of openness in the dockets and follow prior cases to make a prediction about future results. That's harder for a U.S. lawyer to do to evaluate what might happen in China,” said Kevin.
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