After Settlement, Nokia Withdraws Patent Infringement Suits Against Oppo, Vivo From Delhi High Court

Nokia Technologies Oy has withdrawn the patent infringement suits filed by it against Chinese smartphone manufacturers Oppo and Vivo, after a settlement was arrived at between them.

Justice Prathiba M Singh dismissed as withdrawn the suits as well as the counterclaim filed by the parties, in terms of the Litigation Settlement Agreement.

“The parties shall be bound by the terms and conditions of the said Litigation Settlement Agreement,” the court said.

Nokia had filed a patent infringement suit against Oppo claiming that three of its patents in the field of mobile telecommunications were being infringed. The patents were Arranging Handover, Method for Controlling the Graphical Display of a Portable Electronic Device and Reduce Interference in a Terminal Device Based on Information Type.

Nokia alleged that the patents were being infringed by Oppo in the mobile phones and cellular systems manufactured, assembled or imported by the Chinese smartphone manufacturer.

In the second suit, Nokia alleged that three of its patents, which were claimed to be Standard Essential Patents (SEPs) in the field of mobile telecommunications, were being infringed upon Oppo. 

It was Nokia's case, the said patents were essential for implementing technology that ensures mobile phones and cellular systems are compliant with 2G, 3G, 4G, and 5G standards.

Similar suits were filed against Vivo where Nokia alleged infringement of its patent “Arranging Handover” and SEPs by the Chinese smartphone maker.

In terms of the settlement agreement, Nokia agreed to withdraw and give up all the claims made in the suits. Vivo and Oppo also agreed to withdraw the counterclaims filed in the proceedings.

“Considering that the suit is being withdrawn, all the pending applications are also dismissed as infructuous,” the court said while closing all the matters.

In July last year, a division bench had set aside an order passed by the single judge dismissing Nokia's application seeking a direction to Oppo for deposit of an amount with the court as "royalty" for alleged infringement of its patents in cellular technology.

In November last year, the Chongqing No. 1 Intermediate People's Court, China, delivered a judgement in a parallel proceeding and determined a Global FRAND rate.

Last month, the matter was mentioned by both the parties asserting that a settlement was arrived at between them in the suits.

Counsel for Plaintiff: Mr. Pravin Anand, Ms. Vaishali R Mittal, Mr. Siddhant Chamola & Ms. Pallavi Bhatnagar, Advs

Counsel for Defendants: Mr. Saikrishna Rajagopal, Ms. Julien George, Ms. Anu Paarcha, Mr. Arjun Gadhoke, Mr. Aniruddh Bhatia, Mr. Avijit Kumar, Ms. N. Parvati, Advs

Title: NOKIA TECHNOLOGIES OY v. GUANGDONG OPPO MOBILE TELECOMMUNICATIONS CORP LTD & ORS. and other connected matters

Citation: 2024 LiveLaw (Del) 193

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