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Chinese court made the world's first 5G rate decision, OPPO vs. Nokia

2024-04-23 Update From: SLTechnology News&Howtos shulou NAV: SLTechnology News&Howtos > IT Information >


Shulou( Report--

Thanks to netizens West window past, ioicn clue delivery!, December 14, recently, Chongqing No. 1 Intermediate people's Court issued a judgment of first instance in the case of OPPO v. Nokia Standard essential Patent royalty dispute [case number: (2021) Chongqing 01 No. 1232 of the beginning of the Republic of China], confirming Nokia's global fair, reasonable and non-discrimination (FRAND) license rates for Nokia's 2G, 3G, 4G and 5G standard essential patent portfolio. This judgment is the first global license fee judgment for standard essential patents made by the judicial authorities of our country.

On December 14, the above-mentioned judgment documents of first instance were officially made public. In the above judgment documents, the Chongqing No. 1 Intermediate people's Court determined that the global cumulative rate of 5G standard in the mobile phone industry is 4.341% Murray 5.273%, which is the first time in the world to determine the cumulative rate of 5G standard.

In addition, the court ruled on the license fees of Nokia 2G-5G patent packages according to different regions:

The license fee for each 5G multimode phone in Zone 1 of the world is US $1.151 ( Note: currently about RMB 8.24116), and the license fee for each unit in Zone 2 and Zone 3, including China, is US $0.707 (currently about RMB 5.06212).

For 4G multimode phones, the license fee is $0.777 (currently about 5.56332 yuan) per unit in Zone 1, and $0.477 (currently about 3.41532 yuan) per unit in Zone 2 and Zone 3, including China.

OPPO issued a statement on its official website that it is willing to abide by and enforce the global FRAND license fees for Nokia patents as determined by the court decision, and hopes to actively resolve the patent license fee dispute with Nokia. OPPO hopes that Nokia will abide by and enforce the Chongqing Court's global fee judgment.

As of September 30, 2023, OPPO has distributed 5G communications standard patents in more than 40 countries and regions around the world, completed 5700 + family global patent applications, declared 2900 + family 5G standard patents in ETSI, and submitted more than 9000 standard manuscripts in 3GPP.

The global patent dispute between OPPO and Nokia began in July 2021, and this is also the first FRAND global fee judgment (FRAND clause, that is, fair, reasonable and non-discrimination clause, mainly used in anti-price war).

The plaintiffs in the case are OPPO Guangdong Mobile Communications Co., Ltd., OPPO Guangdong Mobile Communications Co., Ltd. Shenzhen Branch, OPPO (Chongqing) Intelligent Technology Co., Ltd., and the defendants are Nokia Technology (Beijing) Co., Ltd., Nokia Technology (Nokia Technologies Oy) and Nokia (Nokia Corporation).

OPPO and Nokia have launched lawsuits in a number of countries over the royalties of standard essential patents. The dispute between the two sides began in early July 2021, when Nokia filed a series of patent infringement lawsuits against OPPO in nine countries, including India, France, Germany and Britain. OPPO then launched a number of patent infringement lawsuits against Nokia in early September 2021, using 5G base station patents in China, Europe and other places.

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