Wednesday, March 8, 2023

Nokia's string of Indonesian losses continues in Vivo dispute: Jakarta court declares patent infringement complaint inadmissible

In Indonesia, Nokia has now received approximately ten adverse decisions in a row. I say "approximately" because there is significant delay between a ruling and its publication.

Previously known: The Commercial Court of Central Jakarta dismissed five Nokia patent infringement lawsuits targeting smartphones made by OPPO and certain OPPO affiliates, and Indonesia's Supreme Court affirmed most if not all of those rulings.

New: As I reported last month, Nokia is suing high-volume Chinese smartphone maker Vivo in a handful of countries, one of which is Indonesia. In that post I mentioned case no. 31/Pdt.Sus-HKI/Paten/2022/PN Niaga Jkt.Pst., not knowing that only a few days prior to that post, the court had already dismissed it by declaring it inadmissible as this Google translation shows (click on the image to enlarge):

This devastating track record is an outlier for Nokia's world-class litigation department. It shows that there are major markets in which it is neither easy nor straightforward to gain leverage over implementers of cellular standards. But Indonesia is a key market for Nokia's disputes with OPPO and Vivo. OPPO left the German market, and Vivo has a smaller presence there than OPPO had when it exited. It is possible that either one of those disputes will ultimately be decided either by the Chongqing Intermediate People's Court (China), which will make global FRAND determinations, or by OPPO or Vivo winning a German injunction against Nokia's mobile base stations.

While we're on that subject, here's an update that I received yesterday from the Munich I Regional Court regarding those OPPO v. Nokia cases involving Huawei patents:

The case number for OPPO's assertion of EP3386131 on an "information transmission method and device" is 7 O 142/23. A first hearing will be held on June 15. Four weeks later--on July 13--the court will conduct a first hearing in case no. 7 O 141/23 over EP2863570 on a "method, user equipment, and base station evolved node for determining precoding matrix indicator".