Nokia Technologies OY v. Guangdong Oppo Mobile Telecommunications Corp. Ltd. & Ors.

Brief facts

Nokia and Oppo had a patent licence agreement of 2018 covering Nokia's standard-essential patents, which expired. Nokia sued for infringement and sought a pro-tem deposit pending trial; the Single Judge declined. Nokia appealed.

Issues before the Court

Whether Oppo should be directed to make a pro-tem deposit pending the trial of Nokia's SEP infringement suit.

Court's findings

Having regard to the earlier licence, Oppo's conduct including approaching a court in China to determine a FRAND rate, the consistent practice of the Court and Oppo's financial position, the Bench held that the impugned order was contrary to the facts and to settled principles of law.

Decision

Appeal allowed and impugned order set aside. Oppo directed to deposit the 'last paid amount' attributable to India, namely 23% of US$ 230,000,000 paid under the 2018 agreement, within four weeks; observations not to prejudice the final hearing.

Important paragraph references

Concluding paragraphs: directions for pro-tem deposit.

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