InterDigital Inc (IDCC)

[Gamco]

On February 23, 2024, the Delhi High Court ordered Oppo and its affiliates to deposit a hefty security amount with its registrar general within three months, which represents the pending royalties owed to InterDigital. The exact amount is confidential, but it is based on the latest bank guarantee submitted by Oppo in a German court in a similar case.

The court also imposed a cost of Rs 5 lakh on Oppo and its affiliates for their conduct and delays in the matter.

The court noted that InterDigital had made a prima facie case of infringement and that Oppo had not shown any willingness to negotiate a FRAND (fair, reasonable, and non-discriminatory) license with InterDigital.

The court also formed a confidentiality club for the exchange of sensitive information between the parties.

The order came days before the UK High Court was scheduled to determine a global FRAND rate for InterDigital’s SEPs in another case filed by the US company against Oppo and other defendants.

This is one of the first cases in India where a SEP owner has obtained a favorable interim order against an alleged infringer. It shows that India is an attractive jurisdiction for SEP owners to enforce their rights and seek royalties from smartphone manufacturers. 1