OPPO’s New FRAND Order: “You got your injunction? Well, I quit” (French perspective)

Nokia obtained several injunctions against OPPO: two in Mannheim in June and two in Munich in August. However, even before the execution of these injunctions, OPPO preferred to withdraw its products from the German market. However, it continued to fight both in Germany and in the many other parallel proceedings (to my knowledge: France, Great Britain, the Netherlands, Spain, China, Sweden, Finland, India, Indonesia, and even an action in Russia that was withdrawn following the war with Ukraine).

Instead of folding to Nokia, OPPO preferred to leave Germany. This strategy, which is the result of a fine calculation of opportunity costs, does not however prevent OPPO from continuing to hold a very strong position against its adversary in the numerous procedures that oppose them, while continuing, it seems, to negotiate licenses for other territories.

The attitude of OPPO in these proceedings – which withdrew its products from the German market even before any injunction was enforced –, that will certainly tend to disrupt the negotiation strategies of patentees. In other words, and I must insist, this text is only a perspective of the situation seen from France.

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