Nokia wins in UK trial against Oppo

Nokia Helsinki.jpg

Nokia has won all of its arguments in the UK Willingness Trial against Oppo after a judge ruled that the Chinese vendor will have to decide between committing to a UK FRAND determined license or subject to an injunction for infringement.

The conflict between the two began in 2021 when Nokia filed patent infringement complaints against Oppo across Europe and Asia.

The Mannheim District Court in Germany intervened and urged the parties to negotiate a settlement regarding licensing fees.

Oppo had been accused of infringement of a 4G/LTE and 5G SEP and an implementation patent relating to the generation of a power supply signal for a power amplifier.

The trial was initiated by Oppo in order to avoid a UK FRAND trial and an injunction on Nokia’s SEP and implementation patent that it has already been adjudged to infringe.

Oppo says that it is a beneficiary under the ETSI IPR Policy and/or a licensee under French law and was thus entitled to rely on benefits from Nokia’s undertaking to ETSI to allow it to be treated as a licensee and not be injuncted.

The court considered that Oppo was not a willing licensee, finding that “its willingness is qualified because it insists on terms set in the Chongqing proceedings”.

The court also found that Nokia is a willing licensor “because it has made an unqualified commitment to offer and then, if Oppo wants, grant a license on whatever FRAND terms [the UK] court decides”.

It follows a ruling made by the UK High Court in November 2022 that Oppo had infringed one of Nokia’s implementation patents relating to the generation of a power supply signal for a power amplifier.

A Nokia spokesperson said: “We welcome the decision by the UK High Court, who like courts around the world, have found that OPPO is not playing by the rules.

“OPPO has been unwilling to renew its license on fair and reasonable terms or resolve the matter amicably and has used our technology without making any royalty payments for two years.

“In addition to the latest ruling, Courts in Germany, the UK, the Netherlands, Brazil, and India have all found in Nokia’s favour.

“Once again, we encourage OPPO to play by the rules, and like its competitors, agree a license on fair and reasonable terms, rather than continue to operate without one.”

The next step is a hearing where Oppo must either commit to a UK determined FRAND license or accept an injunction and leave the market.

That is expected to take place in September.