Acer Incorporated & Anor v Nokia Technologies OY [2026] EWCA Civ 604 (18 May 2026)

Acer Incorporated & Anor v Nokia Technologies OY [2026] EWCA Civ 604 (18 May 2026)

The disputed term in Nokia's Adjustable Licence Offer, requiring implementers to submit disputes over cross-licences to arbitration, is not RAND-compliant. The case management stay is granted conditional upon excising the disputed term. Declaratory relief is inappropriate as Nokia did not apply for summary judgment.

Citation
[2026] EWCA Civ 604
Parties
Claimant/respondent: ACER INCORPORATED; Claimant/respondent: ACER U. K. LIMITED; Claimant/respondent: ASUSTEK COMPUTER INC; Claimant/respondent: ASUS GLOBAL PTE LTD; Defendant/appellant: NOKIA TECHNOLOGIES OY
Jurisdiction
England and Wales
Judgment Date
18 May 2026
Procedural Posture
Appeal / Post Judgment Consequential Order
Outcome
Case management stay granted conditional upon excising the disputed term from Adjustable Licence Offers; declaratory relief refused; permission to appeal refused.
Legal Topics
RAND Licensing, Standard Essential Patents, Case Management Stay, Arbitration Conditions
Intellectual Property Arbitration Contract RAND Licensing Standard Essential Patents Case Management Stay Arbitration Conditions

Case Brief

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Parties

ACER INCORPORATED

Claimant/respondent

ACER U. K. LIMITED

Claimant/respondent

ASUSTEK COMPUTER INC

Claimant/respondent

ASUS GLOBAL PTE LTD

Claimant/respondent

NOKIA TECHNOLOGIES OY

Defendant/appellant

Procedural Posture

Appeal / Post Judgment Consequential Order

Legal Issues

  1. 1 Whether a disputed term in Nokia's Adjustable Licence Offer is RAND-compliant
  2. 2 Whether the case management stay should be conditional on excising the disputed term
  3. 3 Appropriateness of declaratory relief regarding RAND compliance

Ratio Decidendi

The disputed term in Nokia's Adjustable Licence Offer, requiring implementers to submit disputes over cross-licences to arbitration, is not RAND-compliant. The case management stay is granted conditional upon excising the disputed term. Declaratory relief is inappropriate as Nokia did not apply for summary judgment.

Court Disposition

Case management stay granted conditional upon excising the disputed term from Adjustable Licence Offers; declaratory relief refused; permission to appeal refused.

Orders

  • Nokia must excise the disputed term from Adjustable Licence Offers for the stay to be effective.
  • Conditions from paragraph 92 of the main judgment to be included in the Court's order.