CAFC’s precedential FRAND ruling; ZTE and Lenovo in UK SEP clash; DG GROW nominee talks patents; New Wi-Fi 6 ranking; plus much more
Welcome to the latest edition of the Sisvel Insights weekly round-up, aggregating news stories, analyses and data points affecting the SEP world that have caught our eye over the past seven days
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Precedential US court rulings on FRAND issues are few and far between, so when one is handed down it is bound to get a lot of attention. This certainly applies to the Federal Circuit’s decision last week in the ongoing multi-jurisdictional dispute between Lenovo and Ericsson. In the judgment, which centred on a lower court’s refusal to grant an anti-suit injunction, the CAFC stated that: “A party that has made an ETSI FRAND commitment must have complied with the commitment’s obligation to negotiate in good faith over a license to its SEPs before it pursues injunctive relief based on those SEPs.” What happens next will be closely watched.
Elsewhere, court filings revealed a pending SEP matter between ZTE and Lenovo in the England & Wales High Court, setting up yet another big-ticket FRAND case in London. Responding to written questions from MEPs, meanwhile, prospective DG GROW commissioner Stéphane Séjourné addressed the SEP licensing regulation for the first time, with some observers feeling he has left himself a degree of wriggle room on the topic. There was also a new report looking at the top owners of Wi-Fi 6 SEPs. And, of course, plenty more besides.
Please note that inclusion of a piece in the list below does not signify agreement with what is stated in the linked article, just that we believe it is of interest and worth pointing out.
Legal
The US Federal Circuit ordered a lower court to reconsider a Lenovo anti-suit injunction request against Ericsson trying to neutralise 5G SEP injunctions against it in Brazil and Colombia. Opinion: 24-1515.OPINION.10-24-2024 (cafc.uscourts.gov)
Further analysis:
Law360: Fed. Circ. Revives Lenovo Bid For SEP Anti-Suit Injunction 🔒
IP Watchdog: Federal Circuit Vacates District Court's Denial of Antisuit Injunction in FRAND Case
The latest heavyweight SEP dispute will see ZTE and Lenovo face off at the High Court of Justice for England & Wales. BREAKING: New standard-essential patent dispute between ZTE and Lenovo discovered in UK – ip fray
Market
Evidence emerged of a Panasonic-Xiaomi settlement. Details of the deal were not disclosed, but a UK court had earlier set the terms of an interim licence between the pair. Panasonic settles SEP disputes with Xiaomi, OPPO; UK interim license made major impact, FRAND determination could have been influential – ip fray
Policy
European Commissioner-designate Stéphane Séjourné, who is set to take over Thierry Breton’s portfolio, described his IP policy priorities in a written communication to legislators.
IP Europe applauded his call to “ensure that creators and inventors within the EU receive fair returns on their creations and innovation”. IP Europe | LinkedIn post
The Fair Standards Alliance highlighted his expression of support for the EU SEP regulation. Fair Standards Alliance | LinkedIn post
ip fray contrasted his full-throated endorsement of the UPC with more measured treatment of the SEP regulation EU commissioner-designate for Internal Market makes strong commitment to UPC, won’t risk confirmation over SEP Regulation – ip fray
In a letter sent to the AIPPI ahead of its global congress in Shanghai, President Xi Jinping stated that China is ready to strengthen its commitment to cooperation in safeguarding the international IP system. Xi pledges enhanced IP protection - People's Daily Online
US patent practitioners have been giving their opinions on the patent positions Donald Trump and Kamala Harris will take should they win the presidency. What Attorneys Expect From Harris And Trump On Patents - Law360 🔒
Analysis/Opinion
IPlytics published a new report ranking the top Wi-Fi 6 patent owners, with Huawei in a leading position across several metrics. Wi-Fi 6 Report: Who is Leading the SEP Race? (IPlytics)
Licensing director Cheng Yu laid out Xiaomi’s approach to SEP negotiations from the earliest stages of the discussion. A glimpse behind the curtain: an industry perspective on the initial engagement phase in SEP licensing negotiations - IAM
Finnegan put out an extensive summary of recent SEP rulings in the US and Europe. Recent Filings and Decisions for Standard Essential Patents July and August 2024: U.S. CAFC, District Courts, PTAB, and European Courts | Articles | Finnegan | Leading IP+ Law Firm
Ropes & Gray broke down recent developments in 5G SEP litigation in the United States. https://www.iam-media.com/hub/sepfrand-hub/2024/article/recent-developments-in-5g-sep-litigation-reveal-lessons-future-us-litigants
Patent assertions against streamers in US courts have decreased from seven cases in 2023 to just two YTD in 2024. US litigation against streaming services is down year-over-year – but will it change? - IAM 🔒
An EPO study shows that patenting by European universities is trending upward, with wide variation in commercialisation outcomes. Patenting by European universities on the rise | epo.org
A new IP audit checklist for SMEs encourages companies to plan for potential licensing obligations stemming from the use of technical standards. Emerging issues for SMEs and IP audits - CIPA
