Acer, Hisense & Asus v Nokia Technologies OY [2025] EWHC 3331 (Pat)
Nokia was the owner of a portfolio of patents declared essential to video decoding standards of the International Telecommunication Union (ITU-T). Hisense and the other Claimants commenced proceedings for a declaration as to what terms would be RAND for a licence in respect of Nokia’s portfolio and sought an interim licence. Nokia contested the jurisdiction of the English court to hear the claims, arguing (amongst other things) that its offer to refer the matter to arbitration constituted a RAND offer. Mellor J dismissed Nokia’s jurisdiction challenge and granted the interim licence declarations.
The case is of interest for its consideration of the relevant legal principles governing the ITU-T RAND obligation which, unlike the ETSI FRAND obligation, is governed by Swiss law.
Kathryn Pickard KC appeared for Hisense.