These are just some brief observations as there was no clear indication as to how the case will be decided, but it appears that Nokia will gain something from the appeal and the question is just how much.
Context: Toward the end of last year, Mr Justice Mellor of the High Court of Justice for England and Wales (EWHC) granted computer makers Acer and ASUS an interim license declaration regarding video patents and threw out Nokia’s jurisdictional challenge (December 18, 2025 ip fray article).
What’s new: The Court of Appeal of England and Wales (EWCA) just concluded a two-day hearing of Nokia’s appeal of the above decision, which was actually two rulings in one. No ruling date has been announced. Both sides faced tough questions, with Acer and ASUS being asked today, repeatedly and from multiple angles, why they decline Nokia’s offer to resolve the video patent licensing dispute through arbitration. Counsel for Acer and ASUS had no choice but to acknowledge that only arbitration can resolve a global dispute without two or more national rulings potentially being irreconcilable with each other.
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Panel: Lord Justice Peter Jackson, Lord Justice Richard Arnold, and Lord Justice Antony Zacaroli.