SC allows Oppo 3 weeks to abide by Delhi HC's ruling in Oppo vs Nokia patent infringement case

When Nokia filed a complaint with the Delhi High Court, it claimed that Oppo had continued to exploit its copyrighted technology even after a three-year licence agreement's expiration in 2021

The Supreme Court declined to overturn the Delhi High Court's decision ordering Oppo to deposit 23% of its India sales. The Delhi High Court ruling was not overturned by the Supreme Court (SC) in the Oppo v. Nokia patent infringement case. The Delhi High Court had earlier ordered Oppo to deposit 23% of its India sales in response to Nokia's allegation of three patent infringements.

The Delhi High Court ordered Oppo to deposit the required amount from its India sales, and the SC stated that there was no cause for intervening at this time. As a result, Oppo has been given three more weeks to comply.

The problem stems from Nokia's appeal of a decision from November 17 of last year that denied its application. The latest Oppo counter-offer for a worldwide licence of Nokia's portfolio of Standard Essential Patents, or an amount equal to the royalty paid under the 2018 Agreement, proportionate to the ratio of Oppo's India sales to Oppo's global sales, was the basis for Nokia's request for an interim security deposit from Oppo.

When Nokia filed a complaint with the Delhi High Court, it claimed that Oppo had continued to exploit its copyrighted technology even after a three-year licence agreement's expiration in 2021. After the licence agreement expired, Nokia alleged that Oppo had sold 77 million smartphones utilising its patented technology.

Oppo responded by appealing the Delhi HC's decision to the Supreme Court. Two of the three patents that Nokia was claiming had been denied in other jurisdictions, according to the corporation, casting doubt on their validity.

Furthermore, Nokia disclosed that Oppo had brought a lawsuit in China to ask for a royalty determination, a move that Nokia saw as an attempt to impede the ongoing processes.

“We welcome the Supreme Court decision. OPPO has been unwilling to renew its license on fair and reasonable terms or resolve the matter amicably and has used our technology without making any royalty payments for two years. Courts in India, Germany, the UK, the Netherlands, and Brazil have all found in Nokia’s favor. Once again, we encourage OPPO to play by the rules, and like its competitors, agree a license on fair and reasonable terms, rather than continue to operate without one," stated a spokesperson for Nokia Technologies.