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ZTE v Conversant and
OPPO v Sharp. All of the parties involved in the cases are active players in the telecommunication SEP field. Such a SEP ruling boom emphasises the growing importance of China as a SEP litigation venue.
One of the reasons for such flourishment of SEP litigation is the great development of telecommunication companies in China. From the 2G to 5G era, SEPs owned by Chinese enterprises have soared from less than 10% to over 30% of all declared SEPs. From another perspective, China also has a giant market for manufacturing and selling phones, which is attracting SEP implementers. Therefore, courts in China are holding relatively balanced and tolerant spirits, with no injunction to issue as principle. Courts do not intend to force those implementers to withdraw from the market, but just hope to help move forward licensing negotiations. This is the philosophy in fair, reasonable, and non-discriminatory (FRAND) injunctions in the ....

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