KIANEWS A Delhi court rejects Nokia's challenge in its September dispute with Oppo
21. 11. 2022 Monday / By: Robert Denes / Industrial / Exact time: BST / Print this page
N okia faces setback in SEP dispute against India's Oppo after victories in UK and Germany. The Delhi High Court on Thursday, November 17, rejected Nokia's plea seeking that Oppo deposit royalty payments with the court as security in an SEP dispute.
The court decided in December 2021 after extensive arguments from both sides. The court has not yet ruled on whether Oppo infringed Nokia's patents. At the same time, Nokia demanded that the Chinese phone maker deposit the estimated royalties owed to the Finnish company in court due to its precarious financial situation.
Nokia argued that pre-litigation communications with Oppo clearly acknowledged that the Chinese phone maker was obligated to pay it at least certain royalties. The Finnish company relied on the old license and pre-suit communications between the parties to support its claims. He also submitted the statement of licensing manager Patrik Hammarén, which includes the method of calculating the amount he is entitled to. The court stated that it could only rule on royalties if Oppo clearly admitted that the patents at issue were SEPs, that it had used those patents, that such royalty-free use constituted infringement, and that the royalty proposed by Nokia was fair. reasonable and non-discriminatory (FRAND).
"It is not a stretch of the imagination to say that these acknowledgments derive from Oppo's communications to Nokia, or even from the first FRAND license agreement," Judge C. Hari Shankar observed.
It added that it was unwilling to decide whether Nokia's fees were FRAND at that stage because Oppo had not admitted its royalty calculation testimony, which it submitted as expert evidence. The court also noted that the evidence submitted did not substantiate Oppo's clear and unequivocal admission that it was legally obligated to pay royalties to Nokia. In fact, notices filed by Nokia with the court showed that Oppo was contesting the substance and validity of Nokia's 2G, 3G and 4G patent portfolio, the judge noted.
The court therefore held that Nokia had failed to order Oppo to pay royalties. While the case has been ongoing since 2021, no violation has yet been established. Nokia's request for an interim measure against Oppo is also pending. However, Nokia has won a number of victories in other jurisdictions in its disputes against Oppo. Earlier this month, the High Court of England and Wales found that Oppo had infringed a Nokia-owned SEP in the field of wireless communications. Nokia has also won two consecutive victories in Germany, causing the Chinese phone maker to leave the German market.
Via Link
