Google: Nokia to Oppo: Learn to play by rules

The Supreme Court had good news for Nokia. The apex court recently dismissed smartphone brand Oppo’s plea against a Delhi High Court order which directed the company to deposit 23 per cent of the amount generated from its sales in the country for infringing upon Nokia’s patent. Nokia welcomed the decision. “We welcome the Supreme Court decision. Oppo has been unwilling to renew its licence 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 favour,” a Nokia spokesperson said in a statement.

“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,” the statement added.
Oppo had secured a licence from Nokia in 2018 for using some of the Finnish company’s technology for three years. Nokia alleged that after the expiry of the pact, Oppo sold around 77 million devices in India without paying a single rupee in royalty, according to reports.

Oppo’s side of story
On its part, Oppo Guangdong, along with Oppo Mobile Telecommunications, Oppo Mobiles India, Realme Mobile Telecommunications (India), and OnePlus Technology and others had earlier appealed to the Supreme Court that the HC judgement altered the level playing field. They claimed that it caused further hardship to them, as it overlooked the fact that Nokia’s interest was secured by its bank guarantees.
The company alleged “undue advantage” to Nokia adding that the obligation imposed on Oppo to additionally secure Nokia in India, over and above the BGs submitted in furtherance to a global counteroffer is unfair.
In August 2022, Oppo had to halt sales in Germany after Nokia won an injunction in a lawsuit filed for similar reasons. The telecom company has also sued Oppo in other European countries including France, the Netherlands, and the UK.