Acer Incorporated & Anor v Nokia Technologies Oy

Acer Incorporated & Anor v Nokia Technologies Oy

Nokia's Adjustable Licence Offers constituted offers of licences on RAND terms capable of acceptance by the claimants. By refusing these offers, the claimants were not willing licensees and could not invoke the English courts' declaratory jurisdiction to determine RAND terms. Accordingly, the RAND claims had no real prospect of success and a case management stay should be granted. The English courts had jurisdiction, but the stay was appropriate given the circumstances.

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
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal on jurisdiction dismissed; appeal on case management stay allowed; interim licence declarations discharged.
Legal Topics
Standard Essential Patents (seps), Rand/frand Licensing, Jurisdiction, Case Management Stay, Arbitration, Declaratory Relief
Intellectual Property Contract Law Civil Procedure Standard Essential Patents (seps) Rand/frand Licensing Jurisdiction Case Management Stay Arbitration +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

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 / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the English courts have jurisdiction over RAND claims relating to SEPs under the ITU-T Declaration
  2. 2 Whether a case management stay should be granted in favour of arbitration based on Nokia's Adjustable Licence Offers
  3. 3 Whether the court should make interim licence declarations pending final determination of RAND terms

Ratio Decidendi

Nokia's Adjustable Licence Offers constituted offers of licences on RAND terms capable of acceptance by the claimants. By refusing these offers, the claimants were not willing licensees and could not invoke the English courts' declaratory jurisdiction to determine RAND terms. Accordingly, the RAND claims had no real prospect of success and a case management stay should be granted. The English courts had jurisdiction, but the stay was appropriate given the circumstances.

Court Disposition

Appeal on jurisdiction dismissed; appeal on case management stay allowed; interim licence declarations discharged.

Orders

  • Case management stay granted on the RAND claims, subject to possible conditions regarding use of evidence and costs in arbitration.
  • Interim licence declarations made by the High Court discharged.