Acer Incorporated & Ors v Nokia Technologies OY [2025] EWHC 3331 (Pat) (18 December 2025)

Acer Incorporated & Ors v Nokia Technologies OY [2025] EWHC 3331 (Pat) (18 December 2025)

The Court has jurisdiction to determine RAND terms for Nokia's SEPs declared to ITU-T standards. The ITU-T RAND commitment, under Swiss law, is a contract for the benefit of third parties, requiring the SEP holder to grant licences on RAND terms, not merely to negotiate in good faith. Nokia's arbitration offers do not constitute RAND offers capable of acceptance and do not discharge its obligations. The Claimants are entitled to interim licence declarations, and the Court will determine the global RAND terms.

Citation
[2025] EWHC 3331 (Pat)
Parties
Claimant: Acer Incorporated; Claimant: Acer U.K. Limited; Claimant: Hisense Group Holdings Co., Ltd; Claimant: Hisense International Co., Ltd; Claimant: Hisense Visual Technology Co., Ltd; Claimant: Hisense UK Limited; Claimant: ASUSTek Computer Inc; Claimant: ASUS Global Pte Ltd; Defendant: Nokia Technologies Oy
Jurisdiction
England and Wales
Judgment Date
18 December 2025
Procedural Posture
Patent/frand Determination / Judgment on Jurisdiction and Interim Licence Declarations
Outcome
Jurisdiction upheld; interim licence declarations granted to Claimants.
Legal Topics
Standard Essential Patents, Rand/frand Licensing, Jurisdiction, Declaratory Relief, Interpretation of Contracts Under Swiss Law, Third Party Beneficiary Contracts
Intellectual Property Contract Law International Arbitration Standard Essential Patents Rand/frand Licensing Jurisdiction Declaratory Relief Interpretation of Contracts Under Swiss Law +1 more

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Parties

Acer Incorporated

Claimant

Acer U.K. Limited

Claimant

Hisense Group Holdings Co., Ltd

Claimant

Hisense International Co., Ltd

Claimant

Hisense Visual Technology Co., Ltd

Claimant

Hisense UK Limited

Claimant

ASUSTek Computer Inc

Claimant

ASUS Global Pte Ltd

Claimant

Nokia Technologies Oy

Defendant

Procedural Posture

Patent/frand Determination / Judgment on Jurisdiction and Interim Licence Declarations

Legal Issues

  1. 1 Whether the English Court has jurisdiction to determine RAND terms for Nokia's SEPs declared to ITU-T standards under Swiss law
  2. 2 Whether the ITU-T RAND commitment is enforceable as a contract for the benefit of third parties under Swiss law
  3. 3 Whether Nokia's arbitration offers satisfy its RAND obligations and preclude court jurisdiction

Ratio Decidendi

The Court has jurisdiction to determine RAND terms for Nokia's SEPs declared to ITU-T standards. The ITU-T RAND commitment, under Swiss law, is a contract for the benefit of third parties, requiring the SEP holder to grant licences on RAND terms, not merely to negotiate in good faith. Nokia's arbitration offers do not constitute RAND offers capable of acceptance and do not discharge its obligations. The Claimants are entitled to interim licence declarations, and the Court will determine the global RAND terms.

Court Disposition

Jurisdiction upheld; interim licence declarations granted to Claimants.

Orders

  • The Court has jurisdiction to determine RAND terms for Nokia's SEPs declared to ITU-T standards.
  • Interim licence declarations are granted to the Claimants on terms to be determined by the Court.