Oppo faces sales ban in the UK in the ongoing Nokia patent dispute

Marin | 12/09/2023 | Home, Nokia | 16 Comments

Nokia is making great progress in its legal battle with Oppo, which has been ongoing since 2021. The company recently won a victory when a UK court imposed a sales ban on Oppo for refusing to licence patents fairly. This development is part of a wider global dispute that has already led to several bans. Just last week, a UK court imposed a FRAND (Fair, Reasonable, and Non-Discriminatory) ban on Oppo, preventing the company from selling its products in the UK.

In July, the Supreme Court of England and Wales rejected Oppo’s argument that the pricing of Nokia’s patent portfolio, particularly for the Chinese segment, should be set by the Chongqing City Arbitration Court. Instead, the UK court ruled that Oppo must accept the global patent licencing terms set in the UK or face sales restrictions.

Despite Oppo’s attempts to delay the hearing by waiting for a Chinese court ruling, the UK Supreme Court classified Oppo as an unwilling licensee and Nokia as a willing licensor. This decision led to the ban as Nokia holds an important SEP (Standard Essential Patent) for 4G and 5G standards (EP 2 981 103). Oppo’s appeal is expected to take 6-9 months.

In addition, Oppo has been granted an injunction for patent infringement (EP 3 716 560 B1) in relation to some of its 4G phones. This ban will automatically come into effect 28 days after the latest ruling, although Oppo claims to have found a workaround for the patented technology.

The court also ordered Oppo to pay Nokia’s legal fees. This UK victory follows similar successes in Germany, where regional courts imposed four bans on Oppo last year, prompting Oppo to leave the German market altogether. It is worth noting that Oppo’s recent decision to withdraw its products from the French market has nothing to do with the patent dispute.

Previously, Nokia had obtained injunctions against Oppo’s German subsidiary, Orope DE, in the Netherlands and Brazil. In India, the Supreme Court has demanded that Oppo pay a substantial guarantee fee to Nokia for the use of its patents after the licence agreement expires.