A UK High Court has ruled that Chinese handset vendor OPPO must obtain a FRAND (fair, reasonable and non-discriminatory) license to use a Nokia patent covering 4G/LTE and 5G patents and an implementation patent involving the generation of a power supply signal for a power amplifier.
The trial was initiated by OPPO to try to avoid a UK FRAND licence and an injunction on Nokia’s patent that it has already been adjudged to infringe.
Without the FRAND licence, Justice Richard Meade said Nokia could stop OPPO to stop it selling its products in the UK. A hearing is expected to take place in September. where OPPO must either commit to a FRAND license or accept an injunction and leave the market.
The Finnish manufacturer says OPPO had been unwilling to renew its license to use Nokia patents on fair and reasonable terms Rules on standard setting require companies who use the standards in their products and services to commit to pay royalties on FRAND companies who contribute technologies to the standards.
A statement from Noka 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 on a license on fair and reasonable terms, rather than continue to operate without one.”
OPPO claimed it is a beneficiary under the ETSI IPR Policy or a licensee under French law. It said it was entitled to rely on the benefits from Nokia’s undertaking to ETSI to allow it to be treated as a licensee and not be injuncted.
A ruling by the UK High Court in November 2022 found that OPPO infringed Nokia’s patents. A ruling by the UK High Court in January found that OPPO had infringed one of Nokia’s for 4G/LTE and 5G.
