Since OPPO withdrew from the German market in August, things have not gone well for Nokia in its dispute with the Chinese smartphone giant. All exemptions only recognize previous wins. For example, Nokia won (on two nearly-identical patents from the same family) in what was a small business for OPPO: the Netherlands. Furthermore, as the Karlsruhe Regional Court confirmed to me yesterday, it rejected OPPO’s motion to stay the enforcement of Nokia’s Mannheim injunctions (which were not translated that OPPO’s appeal can not be successful; the problem is high in Germany, far. higher in the United States where the balance of pressure plays the important role).
In many respects, these two months have been terrible for the Finnish wireless company, which generally manages its patent business very well and has many opportunities for growth in that area. , but need feedback from the price increase (not- -but also – in terms of prices) tit-for-tat with OPPO. If everything goes like that, Nokia risks finding itself in a Vietnam-style quagmire at a time when something more important is on the horizon.
Nokia has the best start: four of the four decisions in Germany (two in Mannheim, two in Munich); or five out of five, but again, two of these patents are barely different from each other, which is why I count them as one. I can think of many defendants – even a more profitable brand than OPPO – that would have been at that stage. But OPPO is amazingly resilient. Patent holders other than Nokia will watch these developments with concern.
After the first four German judgments, the Dusseldorf Regional Court stayed the second Nokia v. OPPO case, just like the Munich District Court said about a month ago.
In the final decision, China’s Supreme Court is still with him OPPO v. Smart caselaw: according to Chinese media reports, the international FRAND license fee will now be determined in China. I can’t find out whether it will be an option for Nokia to leave the Chinese market (if it feels unwilling to follow), but it is a big market for business in the market copy (although Nokia is likely to be very limited) and a local joint venture (Nokia Shanghai Bell Co., Ltd.), about what Nokia tells its shareholders (PDF) about the guarantee producer:
“Other financial obligations generally include obligations to China Huaxin as part of the Nokia Shanghai Bell agreement in which China Huaxin received the right to transfer all of its ownership in Nokia Shanghai Bell for Nokia in the future exchange. related legal obligations are measured according to the expected future income with changes in income and expenses in the revenue pool.”
A Chinese FRAND decision could put Nokia out of a war it may not be able to effectively win. Nokia may accept these terms and then tell the courts in other jurisdictions that these terms should not be compared for the purposes of determining FRAND in theory. Nokia v. Apple, Nokia v. Samsung or similar situations in a region such as the US, the UK, or Germany.
OPPO has also recently landed some punches in key western regions:
The District Court of Mannheim yesterday confirmed to me that today Nokia v. OPPO the attempt was abandoned. As the court told me, Nokia has withdrawn its Mannheim complaint against OPPO in collaboration with OnePlus (known for high-end Android devices) over one of the two patents that Nokia has touched won in Munich–EP3557917 on “way and equipment. continuous communication. ” Previous court (case pending before the Ministry of Second Security in the First Judge Dr. Holger Kircher) told the parties of his earlier opinion that the certificate did not appear to be a real crime, not that the court Munich decided against OPPO. (like OnePlus).
Last week, the Patent Trial & Appeal Board (PTAB) of the United States Patent & Trademark Office (USPTO) granted OPPO’s application and set up an interim review of Nokia’s patent as OPPO “showed the deserves that he will win with respect to all bids in competition [its petition]” (click on image to enlarge):
There is no US litigation between Nokia and OPPO. It is the most transparent decision, so we will know. This means that OPPO itself has decided to attack the United States, which is another sign that OPPO is determined to chase Nokia around the world.
The PTAB decision follows a previous opinion from the opposition group of the European Patent Office, as a European patent from the same family was found to be invalid (click on the image to enlarge):
In the EPO’s preliminary opinion, most of the claims are not even new, and claim 4 does not have an invention.
While Nokia has many patents and some “grass out” may be needed, one question must be asked: is this useful?
It is not yet clear what percentage of its German OPPO sales have really fallen at this time: Deutsche Telekom (T-Mobile) still sells three OPPO and two OnePlus devices. And that carrier is a big Nokia customer, so I doubt Nokia will sue them.
Patent licensing company IPCom sued Nokia in the 2000s because it was the most profitable brand at that time. Another way would be to focus on softer targets. Now it could be that Nokia is doing everything right except for underestimating OPPO’s ability and determination to defend itself. The ROI of prosecuting some other operators at this time – especially some who are subject to German injunctions and for whom it may not be an option to withdraw from the market – some there will probably be more.
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