Key Takeaways
1. Asus and Acer have halted direct sales of certain laptops and desktops in Germany due to a ruling by the Munich I Regional Court regarding patent disputes with Nokia.
2. The court found that Acer and Asus did not comply with FRAND guidelines, which require fair, reasonable, and non-discriminatory licensing terms.
3. Acer is exploring legal options and has temporarily stopped sales, while Asus has not issued a public statement but has taken its online store offline.
4. The injunction affects the manufacturers, allowing existing stock to be sold through retailers, but future replenishment may face challenges.
5. This case is part of a pattern, as other companies like Amazon and OnePlus have also faced sales bans in Germany after losing patent disputes with Nokia.
Following a recent decision made by the Munich I Regional Court, Asus and Acer have stopped the direct sale of certain laptops and desktop computers in Germany. This action comes after a legal dispute with Nokia concerning standard-essential patents linked to the H.265 video codec, also known as HEVC.
Court’s Findings
According to the court, Acer and Asus did not comply as willing licensees under the FRAND guidelines. The FRAND framework stands for fair, reasonable, and non-discriminatory licensing terms. Based on the court’s conclusion, an injunctive relief has been granted.
Company Responses
In a statement to PC Welt, Acer acknowledged that it has temporarily halted direct sales of the impacted products in Germany. The company mentioned that it is looking into legal alternatives and considering further steps to resolve the situation. Products that are not affected by the ruling are still available for purchase through the official store. Asus has not yet issued a public statement, but HardwareLuxx pointed out that its official German online store is currently offline for “service enhancements.”
Retailer Impact
It’s important to note that the injunction targets the manufacturers rather than third-party sellers (ROG Strix G18 G814FP currently €2,399 on Amazon.de). This means that existing stock can still be sold through retail channels, however, the replenishment of these stocks may encounter disruptions if direct shipments are paused.
Previous Cases
Furthermore, this isn’t the first instance where a patent dispute loss against Nokia has led to a sales ban. For instance, Amazon lost a legal case in 2024 and had to alter its Fire TV Sticks. Similarly, OnePlus faced a sales ban in Germany in 2023 after losing a patent dispute with Nokia.
After the ruling, Nokia indicated that it is pursuing fair compensation for the use of its technology. The company has also shown a willingness to continue discussions with both Asus and Acer. Nokia’s announcement also referenced Hisense, which has obtained a license in associated proceedings.
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