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OPPO launches ban against Nokia in Germany

Release Time：

2022-09-02

Since August, many overseas media have reported news that OPPO is suspected of discontinuing sales of products in Germany. They believe that this may be a signal that OPPO will fight Nokia in patent litigation to the end. It has also been revealed that OPPO has increased its claims against Nokia in the German litigation. Ban on Nokia 5G base station products. OPPO suspected of being discontinued in Germany? "Injunction + infringement litigation" is Nokia's main strategy after focusing on patent operations.

OPPO suspected of being discontinued in Germany?

"Injunction + infringement litigation" is Nokia's main strategy after concentrating on patent operations. After Nokia obtained multiple German injunctions against OPPO, based on the results of previous lawsuits between Nokia and companies such as Apple and Daimler (Mercedes-Benz), now The news everyone has seen should be reports that OPPO has renegotiated and even reached a settlement with it. But now it seems that OPPO has chosen a more difficult path. According to reports from multiple overseas media, OPPO and its related company OnePlus are suspected of completely removing its mobile phone products from the official German sales website.

Whether OPPO will completely withdraw from the German market remains to be seen, but removing mobile phone products from the official website is undoubtedly a signal to the outside world. The global war between OPPO and Nokia is based on a "fight to the end" mentality.

Due to the ban on patent litigation, OPPO adopted such radical measures in Germany, which can even be called "taking measures from the bottom of the cauldron". OPPO became the "first to eat crabs" among domestic companies. Domestic peers were surprised and admired OPPO's choice. Yes, I believe this is not an easy decision for OPPO.

OPPO increases German ban on Nokia

Since the war between OPPO and Nokia, it can be seen that OPPO is also well prepared. This includes seeking to adjudicate FRAND rates in Chinese courts, suing Nokia for patent infringement of 5G base station products in Chinese and German courts, and invalidating Nokia patents in Germany, the Netherlands, etc.

According to the latest news from foreign media, OPPO has recently added new injunction applications in multiple German lawsuits against Nokia 5G base stations. Although OPPO did not disclose why it chose to increase the injunction against Nokia at this time, it wants to insist on the high price of 5G patents with Nokia. , on the other hand, it failed to respect the value of OPPO’s 5G patents and provide reasonable consideration. Foreign media analysis said: If OPPO stops sales in the German market and files a ban against Nokia, the situation will be reversed. Nokia will face considerable risks, and OPPO is likely to obtain a ban against Nokia from early to mid-2023.

According to the "Global 5G Patent Activity Report (2022)" released by the China Academy of Information and Communications Technology, Chinese companies such as Huawei, ZTE, Datang, and OPPO rank in the top ten. The number of 5G patents held by these four companies accounts for more than 30%, and all Chinese companies The number of 5G patents held by enterprises is close to 40% of the global 5G patents, of which OPPO accounts for 4.5% and Nokia accounts for 7.6%. Judging from the comparison of numbers, OPPO also hopes to reflect the value of its innovation through reasonable consideration. .

Strategic stalemate, where to go?

Since 2022, the international business environment has become more severe and complex, and the consumer electronics market has continued to shrink. In the first half of the year, the global shipments of mobile phone companies such as OPPO, vivo and Xiaomi fell by more than 20% year-on-year. Faced with rising costs and declining revenue, Due to dual pressures, business operations and development have faced a series of difficulties. Reasonable patent fees can not only promote a healthier licensing model in the industry, but also contribute to the long-term development of the industry. Although promoting negotiation through negotiation is a commonly used strategy in the field of SEP licensing, the final goal is still "negotiation", and the future market will still be dominated by the cooperative licensing model.

In fact, since the conflict between OPPO and Nokia broke out in 2021, OPPO has repeatedly stated that it respects the value of Nokia's 5G patents and is willing to pay reasonable licensing fees, and hopes that Nokia will also respect the value of OPPO's 5G patents. Currently, the game between the two parties has entered a stalemate stage. Nokia's ban in Germany did not allow the two parties to reach a settlement quickly. I believe that how to find a licensing solution acceptable to both parties will be a focus for a long time to come.

How to break the deadlock, and how will the global litigation battle of N·O (Nokia vs OPPO) develop? OPPO has revealed its ban weapon against Nokia. Will the German court eventually identify Nokia as an "unwilling licensee"? IP Finance will continue to pay attention. (Source: Intellectual Property Finance)

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