Nokia Technologies OY & Anor v OnePlus Technology (Shenzhen) Co, Ltd & Ors [2023] EWHC 1912 (Pat) (26 July 2023)

Nokia Technologies OY & Anor v OnePlus Technology (Shenzhen) Co, Ltd & Ors [2023] EWHC 1912 (Pat) (26 July 2023)

Oppo's undertakings to take a licence on FRAND terms set by the Chongqing court do not prevent Nokia from seeking an injunction in the UK. Oppo is not already licensed nor a Clause 6.1 Beneficiary under the ETSI IPR Policy for these purposes. Only an undertaking to take a licence on terms set by the English court suffices to avoid injunctive relief. The content of a FRAND licence, including standstill provisions, is not to be determined at this stage but at the subsequent Trial D.

Citation
[2023] EWHC 1912 (Pat)
Parties
Claimant: Nokia Technologies Oy; Claimant: Nokia Solutions and Networks Oy; Defendant: OnePlus Technology (Shenzhen) Co., Ltd; Defendant: Unumplus Limited (t/a OnePlus); Defendant: Guangdong Oppo Mobile Telecommunications Corp, Ltd; Defendant: Oppo Mobile UK Ltd; Defendant: Ascension International Trading Co., Limited (t/a Realme); Defendant: Realme Mobile Telecommunications (Shenzhen) Co., Ltd; Defendant: Realme Chongqing Mobile Telecommunications Corp Ltd
Jurisdiction
England and Wales
Judgment Date
26 July 2023
Procedural Posture
Patents/frand Determination / Post Infringement, Pre Final FRAND Terms, Determination of Effect of Undertakings (trial E)
Outcome
All declarations sought by Oppo refused. Declaration sought by Nokia granted.
Legal Topics
Standard Essential Patents (seps), FRAND Licensing, Abuse of Dominance, Jurisdiction, Declaratory Relief, Foreign Law (french, Chinese), Injunctions
Intellectual Property Competition Law Contract Law Standard Essential Patents (seps) FRAND Licensing Abuse of Dominance Jurisdiction Declaratory Relief +2 more

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Parties

Nokia Technologies Oy

Claimant

Nokia Solutions and Networks Oy

Claimant

OnePlus Technology (Shenzhen) Co., Ltd

Defendant

Unumplus Limited (t/a OnePlus)

Defendant

Guangdong Oppo Mobile Telecommunications Corp, Ltd

Defendant

Oppo Mobile UK Ltd

Defendant

Ascension International Trading Co., Limited (t/a Realme)

Defendant

Realme Mobile Telecommunications (Shenzhen) Co., Ltd

Defendant

Realme Chongqing Mobile Telecommunications Corp Ltd

Defendant

Procedural Posture

Patents/frand Determination / Post Infringement, Pre Final FRAND Terms, Determination of Effect of Undertakings (trial E)

Legal Issues

  1. 1 Whether Oppo's undertakings to take a licence on FRAND terms set by the Chongqing court prevent Nokia from seeking an injunction in the UK
  2. 2 Whether Oppo is already licensed or a Clause 6.1 Beneficiary under the ETSI IPR Policy
  3. 3 Whether it is an abuse of dominance for Nokia to seek injunctive relief in these circumstances

Ratio Decidendi

Oppo's undertakings to take a licence on FRAND terms set by the Chongqing court do not prevent Nokia from seeking an injunction in the UK. Oppo is not already licensed nor a Clause 6.1 Beneficiary under the ETSI IPR Policy for these purposes. Only an undertaking to take a licence on terms set by the English court suffices to avoid injunctive relief. The content of a FRAND licence, including standstill provisions, is not to be determined at this stage but at the subsequent Trial D.

Court Disposition

All declarations sought by Oppo refused. Declaration sought by Nokia granted.

Orders

  • Oppo is not entitled to the declarations sought regarding Clause 6.1 Beneficiary status, licence status, or abuse of dominance.
  • Nokia is granted a declaration that, save insofar as the Defendants undertake to the Court to take a licence on terms determined by the Court to be FRAND, the Defendants do not fall within the class of beneficiaries of clause 6.1 of the ETSI IPR Policy and are not entitled to rely upon or enforce the undertakings...