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The Patents Court has set aside service by alternative means on the ground that there were no exceptional or special circumstances to justify derogation from the Hague Convention. In accepting the Defendants’ submissions in that regard, Nicholas Caddick QC (sitting as a Deputy High Court Judge) summarised the authorities on service by alternative means in Hague Convention cases ([12]) and considered their application to the circumstances of the case ([14]-[35]). He concluded that it was legitimate for the Defendants to rely on their protections under the Convention, to which effect must be given as a matter of international comity, even if that delayed the litigation.

Andrew Scott (instructed by Allen & Overy LLP) acted for Huawei.

The judgment can be found here.

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