Acer Incorporated & Ors v Nokia Technologies Oy

Acer Incorporated & Ors v Nokia Technologies Oy

The English court has jurisdiction to determine global RAND terms for Nokia's SEPs under ITU-T declarations because the ITU-T RAND commitment is a valid contract for the benefit of third parties under Swiss law, with RAND terms objectively determinable; interim licence declarations are granted as they serve a useful purpose and do not offend comity; Nokia's arbitration offers do not discharge its RAND obligations as they are not offers of RAND licences capable of acceptance; declaratory relief is available under Swiss law even if specific performance is possible.

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
Civil / Trial Judgment on Jurisdiction and Interim Licence Declarations
Outcome
Jurisdiction challenge dismissed; interim licence declarations granted.
Legal Topics
Standard Essential Patents, Rand/frand Licensing, Declaratory Relief, Jurisdiction, Swiss Contract Law, Patent Licensing, Interim Licence, Anti Suit Injunctions
Intellectual Property Contract Law International Arbitration Standard Essential Patents Rand/frand Licensing Declaratory Relief Jurisdiction Swiss Contract Law +3 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

Civil / Trial Judgment on Jurisdiction and Interim Licence Declarations

Legal Issues

  1. 1 Whether the English court has jurisdiction to determine global RAND terms for Nokia's SEPs under ITU-T declarations
  2. 2 Whether the ITU-T RAND commitment is enforceable under Swiss law as a contract for the benefit of third parties
  3. 3 Whether interim licence declarations should be granted pending final determination of RAND terms

Ratio Decidendi

The English court has jurisdiction to determine global RAND terms for Nokia's SEPs under ITU-T declarations because the ITU-T RAND commitment is a valid contract for the benefit of third parties under Swiss law, with RAND terms objectively determinable; interim licence declarations are granted as they serve a useful purpose and do not offend comity; Nokia's arbitration offers do not discharge its RAND obligations as they are not offers of RAND licences capable of acceptance; declaratory relief is available under Swiss law even if specific performance is possible.

Court Disposition

Jurisdiction challenge dismissed; interim licence declarations granted.

Orders

  • Declaration that Nokia is obliged to grant RAND licences to UK SEPs under ITU-T commitment, enforceable by third party beneficiaries.
  • Declaration of interim licence terms for each claimant, including lump sum payments at the mid-point rate ($0.365 per device), adjustable to final RAND determination.