Oppo, the Supreme Court on Friday refused to interfere with the Delhi High Court judgment that asked it to deposit 23% of the amount paid under a 2018 licence agreement towards «royalty» for alleged infringement of Nokia Technologies' three standard essential patents (SEPs) in cellular technology. Oppo has been accused of using the three SEPs, which are stated to be necessary to make cellular systems 2G, 3G, 4G, and 5G compliant, despite expiry of its three-year agreement in 2021.
While rejecting Oppo's plea for a stay on the HC order, a bench led by Chief Justice DY Chandrachud said it will not interfere «at this interlocutory stage.» However, it granted three weeks to Oppo to make the payment in compliance with the HC order, subject to it giving an undertaking within a week. The HC had on July 3 had asked Oppo to deposit the «last paid amount attributable to India i.e.
23%» of what it had paid under the 2018 Agreement within four weeks. Oppo had moved the SC alleging the HC judgment had «altered the level playing field» and caused significant hardships while overlooking the fact that Nokia's interest was secured by its bank guarantees (BGs).
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