Oppo opts for injunction over FRAND deal
Nokia confirms development after Chinese rival declines to commit to a licence on fair, reasonable, and non-discriminatory terms | Oppo to submit withdrawal notice for products and pay costs.
OPPO has agreed to accept an injunction imposed by the High Court of England Wales following its loss against Nokia, the Finnish telecoms company has confirmed.
In July, Justice Richard Meade ruled that Oppo would have to decide between committing to a licence based on fair, reasonable, and non-discriminatory (FRAND) terms, or face an injunction for the infringement of two of Nokia’s patents.
Oppo: UK jurisdiction not accepted
The Chinese company told the High Court on Thursday, September 7 that it did not accept the UK’s jurisdiction to set a global FRAND rate and chose the injunction instead, according to Nokia.
Last November, the High Court held that Oppo infringed one of Nokia’s implementation patents relating to the generation of a power supply signal for a power amplifier.
Two months later, it ruled that Oppo had infringed one of Nokia’s standards for 4G/LTE and 5G. The court also found that both patents are valid.
Following Oppo’s choice last week, the court granted an injunction on the cellular standard essential patent—which will be stayed pending the outcome of OPPO’s appeal.
The court also injuncted the implementation patent, an order that will come into effect 28 days from the ruling.
A ‘full win’ for Nokia
As a result of these orders, OPPO must now issue withdrawal notices for all infringing products.
The court also told Oppo to pay Nokia’s costs comprising a 70% interim payment, with the remainder to be assessed or agreed upon between the two parties.
In a statement released by Nokia, a spokesperson said: “This is another full win for Nokia which follows the court’s earlier judgments that OPPO has infringed two of Nokia’s patents, that both patents are valid, that OPPO were unwilling to renew their licence on fair terms, and that Nokia has acted fairly.
“The High Court gave OPPO a choice between committing to a UK-determined global FRAND rate or an injunction which would halt the sale of their devices in the UK. OPPO has chosen the injunction.
“We would like to emphasise that Nokia does not wish to see OPPO exit the UK market, we just want OPPO to respect its obligations as a user of third-party technology and agree to a licence on fair terms. Nokia’s fair licence offer remains available to OPPO.”
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