US firms secure Asian implementers interim licence against Nokia in the UK

The UK High Court has seen numerous FRAND and RAND rate determination and interim licence disputes recently, including Samsung versus ZTE, Warner Bros. and Paramount versus Nokia, and Amazon versus InterDigital.

Last Thursday, the UK High Court under presiding judge James Mellor granted an interim licence to Acer, Asus and Hisense (case IDs: HP-2025-000030, 000032, 000039).

The three Asian implementers obtained a declaration that a willing licensor in Nokia’s position would agree to an interim licence until the court determines “reasonable and non-discriminatory” terms for a patent licence.

The companies had requested that the UK High Court determine a RAND rate for Nokia’s video streaming portfolio. The case concerns Nokia’s portfolio of standard-essential patents (SEPs) declared essential to the H.264/AVC and H.265/HEVC video coding standards administered by the ITU-T. The standard is subject to Swiss law.

James Mellor also ruled that the interim licence would require Acer, Asus and Hisense to pay Nokia $0.365 per device sold, more than the $0.03 per unit proposed by Acer and Asus but less than the $0.69 sought by Nokia.

Non-binding judgement

In its defence, Nokia argued that the UK Court and any other national court lacked jurisdiction. Nokia contended that arbitration would be more suitable for determining a FRAND rate. However, Judge Mellor rejected both arguments and affirmed his court’s jurisdiction.

According to the judgement, Nokia made it very clear durung the proceeding that it “would not offer such licences and will seek to appeal”.

Should Acer, Asus and Hisense seek to enforce the judgement, they can apply to have Nokia declared an unwilling licensor, which could result in an injunction.

Parallel proceedings

In early April, shortly after announcing a licence agreement with Amazon, Nokia filed patent claims against Acer, Asus and Hisense at the UPC and Munich Regional Court over video codec patents. Nokia alleged that Acer and Asus’ PCs and Hisense’s smart TVs infringe several of its video coding patents.

The three patents EP 2 375 749, EP 2774 375, and EP 2 661 892 all relate to the H.265 video codec standard. Nokia has already filed suit against all three implementers over the first two patents at the Munich Regional Court. It is now enforcing EP 892 against the three manufacturers at the Munich local division. Nokia seeks damages and injunctive relief in all claims.

Nokia has also filed separate lawsuits in the US this year, claiming Acer and Asus’ computers and Hisense’s televisions violate its SEPs.

In November, following Nokia’s litigation campaign, Acer countersued Nokia at Munich Regional Court over EP 2 451 225, which covers 4G technology (case ID: Ref. 21 O 13989/25).

Cases are also pending in Brazil and India.

Parallels to Interdigital against Amazon

The dispute between Nokia and the three implementers mirrors the InterDigital versus Amazon case, which gained attention through anti-interim licence injunctions from the Munich Regional Court and UPC local division Mannheim.

The UK High Court responded to these AILIs with anti-suit injunctions in early November to protect Amazon’s RAND rate determination procedure against InterDigital. This dispute also involves a global portfolio licence for video coding technology.

InterDigital contests the UK High Court’s jurisdiction, suggesting a Swiss court or arbitration for RAND rate setting. Nokia’s defence thus is largely similar to InterDigital’s approach against Amazon. Bird & Bird partner Richard Vary represents both Nokia and InterDigital.

James Mellor’s ruling could indicate how the UK High Court might decide the jurisdictional challenge in InterDigital v Amazon. The court heard that case in early December, with judgement pending. Different judges will rule on the two cases – Richard Meade and James Mellor respectively.

The parties also await judgement in Amazon’s appeal against Mannheim local division’s ex parte AILI. The appeal was heard by presiding judge Peter Tochtermann’s panel in late November.

Morgan Lewis for Asus and Acer

Morgan Lewis is relatively new to European patent litigation. The US firm only established its London patent team in 2024, hiring two prominent litigators: Tim Powell, formerly of Powell Gilbert, and Hiroshi Sheraton from Baker & McKenzie. Both now represent Acer and Asus against Nokia.

JUVE Patent understands this is currently the UK patent team’s most significant mandate. Morgan Lewis also opened a Munich patent practice in early 2025. The German team supports the Powell and Sheraton in the dispute against Nokia.

Barristers Andrew Lykiardopoulos, Isabel Jamal and Joshua Marshall from 8 New Square represent Acer and Asus in the interim licence proceedings. For German and UPC proceedings, Acer instructs Taliens while Asus works with Wildanger Kehrwald Graf v. Schwerin & Partner.

Kirkland again on implementer side

Kirkland & Ellis supports Hisense through London partners Peter Pereira and Daniel Lim, alongside associates Ray Cheng and Trudy Yates. The firm operates at the forefront of Asian implementers in UK FRAND cases. Hisense uses Hogan Lovells for German and UPC proceedings.

Hisense’s barristers in the interim licence trial are Kathryn Pickard from 11 South Square and Ligia Osepciu from Monckton Chambers.

Nokia again with Bird & Bird

Richard Vary continues to represent Nokia in UK SEP proceedings, maintaining a long-standing relationship. The Bird & Bird team also comprises Jane Mutimear, Tom Darvill, Zoe Fuller, Lucy Flaim, Rhiannon Graves and Charlotte Edmondson. Mark Chacksfield and Edmund Eustace from 8 New Square serve as Nokia’s barristers.

For German and UPC proceedings, Nokia relies on a team led by Düsseldorf partner Christian Harmsen, supported by Tobias Wilcke and Cohausz & Florack patent attorney Christoph Wilke.