Acer Incorporated & Anor v Nokia Technologies OY

Acer Incorporated & Anor v Nokia Technologies OY

The disputed term in Nokia's Adjustable Licences is not RAND because it improperly compels the implementer to arbitrate cross-licence terms for SEPs owned by the implementer, contrary to the principle that the choice of forum for such SEPs lies with the implementer. The case management stay is granted only on condition that the disputed term is excised from the Adjustable Licences.

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
Civil Appeal / Post Judgment Consequential Orders
Outcome
Case management stay granted on condition that the disputed term is excised from the Adjustable Licences; declaratory relief refused; permission to appeal refused; costs and order wording to be agreed or further submissions allowed.
Legal Topics
RAND Licensing, Standard Essential Patents, Case Management Stay, Cross Licensing, Declaratory Relief
Intellectual Property Arbitration Contract RAND Licensing Standard Essential Patents Case Management Stay Cross Licensing Declaratory Relief

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

Civil Appeal / Post Judgment Consequential Orders

Legal Issues

  1. 1 Whether the disputed term in Nokia's Adjustable Licences is RAND
  2. 2 Whether the case management stay should be conditional on excision of the disputed term
  3. 3 Appropriate form of consequential orders following main judgment

Ratio Decidendi

The disputed term in Nokia's Adjustable Licences is not RAND because it improperly compels the implementer to arbitrate cross-licence terms for SEPs owned by the implementer, contrary to the principle that the choice of forum for such SEPs lies with the implementer. The case management stay is granted only on condition that the disputed term is excised from the Adjustable Licences.

Court Disposition

Case management stay granted on condition that the disputed term is excised from the Adjustable Licences; declaratory relief refused; permission to appeal refused; costs and order wording to be agreed or further submissions allowed.

Orders

  • Case management stay granted conditional on excision of the disputed term from Adjustable Licences
  • Declaratory relief sought by Nokia refused