In the patent infringement case between Oppo and Nokia, the Supreme Court (SC) has refused to put a stay on the Delhi High Court order. The Delhi HC had earlier directed Oppo to deposit 23 percent of its India sales following Nokia's claim of infringement of three patents.

The SC asserted that there was no justification for intervening at this stage and has allowed Oppo three more weeks to comply with the Delhi HC's order to deposit the specified amount from its India sales.

The dispute began when Nokia moved the Delhi HC, alleging that Oppo had continued to use its patented technology even after the expiration of a three-year license agreement in 2021.

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

In response, Oppo challenged the Delhi HC's order in the Supreme Court. The company argued that two of the three patents claimed by Nokia had been rejected in other jurisdictions, raising doubts about their validity.

Oppo also highlighted that it had already furnished a bank guarantee exceeding the claimed amount, demonstrating its willingness to address the issue.

Nokia in the court countered Oppo's arguments by emphasizing the Chinese company's significant hardware production based on Nokia's technology.

Nokia asserted that Oppo continued to use its patented technology even after the license agreement's expiration in 2021. Nokia pointed out that the deposit directed by the Delhi HC was crucial as Oppo is currently under scrutiny from income tax authorities and the Directorate of Revenue Intelligence (DRI).

Moreover, Nokia revealed that Oppo had filed a case in China to seek a determination of royalty, a move that Nokia perceived as an attempt to complicate the ongoing proceedings.

First Published:Aug 4, 2023 12:06 PM IST