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The High Court held Nokia’s ITU-T RAND commitment required offers capable of acceptance, upheld jurisdiction, and granted interim licence declarations.
Unless there is a legitimate and substantiated objection to the forum, it does not constitute bad faith for a SEP owner to seek to force an implementer to accept determination of FRAND terms by the SEP holder’s preferred court rather than the implementer’s preferred court. The English court being first seised is not determinative. The declarations granted by the judge were set aside except for the jurisdictionally neutral declaration reflecting the parties’ agreement.
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