Acer Incorporated & Anor v Nokia Technologies OY [2026] EWCA Civ 564 (12 May 2026)

Acer Incorporated & Anor v Nokia Technologies OY [2026] EWCA Civ 564 (12 May 2026)

Nokia's Adjustable Licence Offers, providing for interim licences with final terms to be set by ICC arbitration, constitute objectively RAND offers capable of acceptance. Refusal by the implementers renders them unwilling licensees, precluding them from invoking the English courts' declaratory jurisdiction to determine RAND terms. Accordingly, the RAND claims have no real prospect of success and a case management stay is warranted.

Citation
[2026] EWCA Civ 564
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
12 May 2026
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (patents Court)
Outcome
Appeal allowed in part; case management stay granted on RAND claims, subject to conditions regarding use of existing proceedings' materials in arbitration.
Legal Topics
Standard Essential Patents (seps), Rand/frand Licensing, Jurisdiction, Case Management Stay, Arbitration Vs. Court Determination, Declaratory Relief
Intellectual Property Law Contract Law Civil Procedure Standard Essential Patents (seps) Rand/frand Licensing Jurisdiction Case Management Stay Arbitration Vs. Court Determination +1 more

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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 (civil) / Court of Appeal Judgment on Appeal From High Court (patents Court)

Legal Issues

  1. 1 Whether English courts have jurisdiction over RAND claims against a foreign SEP owner
  2. 2 Whether a case management stay should be granted in favour of arbitration when an Adjustable Licence Offer is made
  3. 3 Whether a SEP owner's offer of an interim licence subject to arbitral determination of final RAND terms satisfies its RAND obligation

Ratio Decidendi

Nokia's Adjustable Licence Offers, providing for interim licences with final terms to be set by ICC arbitration, constitute objectively RAND offers capable of acceptance. Refusal by the implementers renders them unwilling licensees, precluding them from invoking the English courts' declaratory jurisdiction to determine RAND terms. Accordingly, the RAND claims have no real prospect of success and a case management stay is warranted.

Court Disposition

Appeal allowed in part; case management stay granted on RAND claims, subject to conditions regarding use of existing proceedings' materials in arbitration.

Orders

  • Case management stay of the RAND claims granted, conditional on Nokia agreeing to use statements of case, disclosure, and evidence from these proceedings in any subsequent arbitration, and costs incurred to be costs in the arbitration.
  • Permission for parties to file written submissions on the conditions of the stay.