Patent infringement case: SC gives 3 weeks to Oppo to comply with HC order

The Supreme Court refused to interfere with the Delhi HC judgment that had directed Oppo to deposit 23 per cent of its India sales

In the patent infringement case between Oppo and Nokia, the Supreme Court on Friday refused to interfere with the Delhi High Court's judgment that had directed Oppo to deposit 23 per cent of its India sales to Nokia.

The SC said that there was no justification for intervening at this stage.

The court further gave Oppo three weeks to comply with the Delhi HC's order to deposit the specified amount to Nokia from its India sales.

The Delhi HC, in its order on July 3, took into account Oppo's status as an ex-licensee, its admission to using Nokia's patents, its willingness to renew the 2018 agreement, its request to a court in China to ascertain a fair, reasonable, and non-discriminatory (FRAND) rate, as well as the company's financial standing.

The dispute between the two companies started when Nokia moved the Delhi HC, alleging that Oppo had continued to use its patented technology after the expiration of a three-year licence agreement in 2021.

Nokia had claimed that Oppo sold 77 million devices incorporating its patented technology post the licence agreement's expiry.

In response, Oppo challenged the Delhi HC's order in the Supreme Court.

The company said that two of the three patents claimed by Nokia had been rejected in other jurisdictions. It further stated that it had already furnished a bank guarantee exceeding the claimed amount, which shows the company's willingness to address the issue.

Nokia countered Oppo's arguments by stating that Oppo's significant hardware production was based on Nokia's technology.

It further said that Oppo is currently under scrutiny from income tax authorities and the Directorate of Revenue Intelligence (DRI).