Nokia vs Oppo - The SEP Case

The Judgment balances the equity between the negotiating entity, and can be used to steer the policy discussion on SEP in the right direction.

Yesterday the SC dismissed the leave petition of Oppo to seek relief from the adverse judgment of Delhi HC dated 3rd July 2023, which was passed by the divisional bench, in favor of Nokia, and directed Oppo to make a pro-tem payment to Nokia within 4 weeks. The purpose of the Delhi HC’s order was to balance the equity between the two parties (Nokia and Oppo) while they continue to negotiate the terms of their SEP license agreement. The reason I chose to discuss this case now as this can be an excellent reference for understanding the status of SEP jurisprudence in India. Context is all the more important given the current controversy around consultation triggered by DPIT (Department of Promotion of Industry and Internal Trade) to explore the possibility of asking the SEPs holders to map their SEPs upfront while filing Form 27 - a statement of “working of patents” in India. This seems to me totally impractical to implement. The reason will become apparent as you read through this note.

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