SUPREME COURT REJECTS PLEA BY OPPO AGAINST DELHI HIGH COURT ORDER FOR SECURITY PAYMENT IN PATENT INFRINGEMENT CASE BY NOKIA

On Friday, the apex court of India The Supreme Court dispersed the appeal of India’s leading Chinese phone manufacturer OPPO. It has ordered OPPO to pay the amount as per the order directed by the Delhi High Court for its patent infringement of another phone manufacturer NOKIA. The three-judge bench of CJI DY Chandrachud, Justice J.B. Pardiwala & Manoj Mishra has in their order refused to interfere in the order in the Delhi High Court as they figured out that the order of the High Court was a reasoned decision to make. 

A divisional bench of Justices Manmohan & Saurabh Banerjee had in favour of NOKIA passed their order by setting aside a single bench’s decision against NOKIA. Whereas, after viewing the appeal of OPPO against the Delhi High Court, the Supreme Court said there was no need for the Supreme Court to interfere with the order of the High Court.

Furthermore, the Supreme Court has now accorded a little extension to OPPO to follow the High Court decision by 25^th August. Many senior counsels represented OPPO namely Kapil Sibal, Neeraj Krishan Kaul, Gopal Shankarnarayan and others advocated too. Whereas, from the NOKIA side the Senior Advocates were, Mukul Rohatgi, AM Singhvi, Gourab Banerji, and others advocate too. 

The Delhi High Court has instructed OPPO to pay the amount, where the exact amount was confidential but the Delhi High Court had said that 23% had to be paid of the ‘last paid amount’ as per the 2018 license agreement between OPPO &NOKIA as the percentage was set on the OPPO sales on the worldwide span that accounts to 23% of the total and the payment has to be made within the span of 4 weeks from the date of 3^rd July on which interim order was passed by the Delhi High Court in favor of NOKIA.

The Court had hence held that the infringement case was against OPPO and after viewing all the facts it observed that only when the license agreement is signed can only the German Bank act as a guarantee.

WRITTEN BY- LAKSHIKA TOMER, COLLEGE – CHANDERPRABHU JAIN COLLEGE OF HIGHER  STUDIES, GSSIPU, AN INTERN UNDER LEGAL VIDHIYA

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