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Nokia licensing ruling blocks Asus and Acer online sales in Germany

Jim Lee, Taipei; Jingyue Hsiao, DIGITIMES Asia 0

Credit: AFP

Court injunctions over HEVC licensing have forced Asus and Acer to suspend direct sales and restrict German websites, spotlighting patent compliance risks for PC makers.

A Munich Regional Court injunction tied to Nokia's patent licensing dispute over High Efficiency Video Coding (HEVC/H.265) required Asustek Computer Inc. (Asus) and Acer Inc. to stop direct sales of certain notebooks and desktop computers in Germany and led to temporary shutdowns of their official German websites, affecting consumer access to product information and support. The ruling found that the companies had not accepted licensing terms the court considered compliant with FRAND (fair, reasonable and non-discriminatory) obligations.

Tom's Hardware reported that Asustek's German website has resumed operations, allowing users to browse and download resources such as drivers and BIOS updates, but the site no longer lists or sells notebooks and desktops subject to the injunction. Acer's German site remained under maintenance at the time of reporting, and likewise does not offer the affected notebooks and desktops online. However, Acer has stated other product lines continue to be supplied.

Wccftech reported that both companies are evaluating legal strategies and expressed a desire to reach a swift, fair, and reasonable resolution to lift the ban and resume market sales. The core legal contention is not the devices themselves but whether licensing agreements for the HEVC standard meet FRAND criteria; the Munich court determined that the licensing positions of Asus and Acer did not satisfy those criteria in this instance.

Industry coverage, including extended notes referring to Arrow and AsusTek warnings, emphasizes that while sales to German consumers through company-run online stores have been curtailed, Asustek and Acer products remain available in Germany via retail channels. Both manufacturers have assured customers that they will continue to provide necessary customer support and software updates, aiming to protect users' rights and maintain devices already in circulation.

The injunctions apply specifically to direct sales channels within Germany and, according to reporting, do not affect sales in other global markets. Nevertheless, the incident highlights the complexity of patent licensing in standards-based technologies and the potential for national court actions to disrupt market access, even where hardware is otherwise distributed through alternative retail channels.

The Munich ruling underscores courts' increasing willingness to enforce FRAND-related obligations through injunctive relief. This development may prompt manufacturers to reassess licensing strategies for codecs and other standards-based technologies. Both Asustek and Acer are reportedly considering appeals or negotiated settlements to resolve licensing disputes and restore full online offerings in Germany.

Observers note that compliance with cross-border patent licensing regimes remains a critical corporate risk for technology manufacturers, especially in Europe's largest PC market, where a legal finding on licensing practices can rapidly translate into commercial constraints. Asustek's limited restoration of its German site and Acer's continued maintenance status illustrate differing immediate operational responses while legal avenues are pursued.

Consumers seeking affected notebook and desktop models in Germany can still obtain them from third-party retailers, and both companies have pledged ongoing software support. The case will be monitored for developments in appeals, any negotiated licensing outcomes, and potential wider repercussions for licensing practices in the technology sector.

Article edited by Joseph Chen