Klaka and Gulde defend Oppo against KPN in Düsseldorf

Oppo may continue selling its mobile devices with 5G functionality in Germany after the Düsseldorf Regional Court dismissed the first of two lawsuits filed by Dutch mobile phone company KPN. The ruling marks an initial victory for the Chinese manufacturer, though KPN has also filed suit at the UPC.

KPN had accused Oppo’s German sales company of infringing EP 2 377 337 with its 5G-capable mobile devices, particularly smartphones. The company sought an injunction from the Düsseldorf Regional Court to ban Oppo device sales in Germany. However, the judges under presiding judge Carsten Haase disagreed (case ID: 4b O 44/22).

The Düsseldorf patent judges ruled that the decisive claim 12 is not infringed by Oppo devices and dismissed KPN’s lawsuit. In April 2025, the Federal Patent Court upheld the patent with restrictions. The judgment has since become final, so the infringement proceedings focused solely on whether claim 12 was infringed.

Although Oppo had invoked a FRAND compulsory licence during proceedings, FRAND played only a minor role in the oral hearing as judges expressed early doubts about claim 12 infringement.

The panel also included Stephan Janich and judge Schröder. KPN can appeal against the judgment at the Higher Regional Court Düsseldorf, which observers consider likely. The appeal could see renewed scrutiny of Oppo’s FRAND behaviour.

Oppo to take portfolio licence

The lawsuit does not affect 5G-capable devices from the OnePlus brand, as the Oppo subsidiary already holds a licence for KPN’s SEP portfolio.

KPN has previously taken action against other implementers, with those proceedings now settled according to JUVE Patent sources, though details remain private. The disputes included German proceedings against Xiaomi, while Sony had filed oppositions at the EPO against individual KPN patents.

KPN aims to have Oppo accept a similar portfolio licence. To this end, the Dutch mobile company has also sued Oppo’s German sales company for infringing a second patent, EP 2 291 033, at Düsseldorf Regional Court (case IDs: 4b O 27/22).

The Regional Court has stayed proceedings pending the outcome of Oppo’s revocation action against EP 033, currently before Germany’s Federal Court of Justice.

Early SEP battle at the UPC

The dispute has also reached the UPC, though JUVE Patent is not aware of lawsuits in other jurisdictions outside Germany and the Unified Patent Court.

At the UPC, KPN has targeted Oppo’s parent company in two lawsuits. The first, filed in September 2024, alleged infringement of EP 2 387 844 (case ID: ACT_49159/2024 and UPC_CFI_502/2024). However, in December 2024 the EPO Boards of Appeal declared EP 844 invalid due to added subject matter (case ID: T1841/23).

KPN filed a second UPC suit in January 2025, alleging various Oppo companies infringe EP 2 337 403 with their mobile devices (case ID: ACT_53784/2024). Both actions are before The Hague local division under presiding judge Edger Brinkman and Margot Kokke.