Proposed EU SEP law “stalled”; Netgear targets Huawei in ASI case; UK court hears Tesla appeal; Nokia appoints wireless CLO; 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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The EU SEP licensing regulation was approved by the European Parliament in early spring but since then has made no progress with the Council, which is the body in which the individual member states have their say. At an event in Brussels last week, a senior Spanish MEP suggested the proposals may be stuck there for years to come. But others are more optimistic and believe the Polish presidency of the Council, due to begin at the start of 2025, will seek to take the legislation forward.
However, that may not solve much. Germany has elections scheduled for the end of February 2025, while the French government has just fallen after losing a Parliamentary vote of no confidence. Neither country looks to be well-positioned to take a definitive view on the regulation, which also lacks a motivated national champion.
The longer the regulation fails to materialise, the more overtaken by events it will become: first, the UPC will have developed a substantial body of case law and practice; second, more deals will be done and more market solutions to challenging issues found. Policy makers will always be playing catch-up. Logic, pragmatism and Europe’s best interests all suggest it’s time for a post-Draghi rethink.
On the litigation front, Netgear sought an anti-suit injunction ruling from a court in California designed to prevent Huawei enforcing court rulings made against it in China and Europe. In the UK, meanwhile, arguments were made before the Court of Appeal in a closely watched case involving Tesla, Avanci and InterDigital. There was also news of a major licensing appointment at Nokia.
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
Netgear asked a California court for an anti-suit injunction against Huawei cases in China, Germany and the UPC – or alternatively, a court-ordered interim licence.
Netgear’s court filing: MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION FOR ANTI-ENFORCEMENT INJUNCTION, OR, ALTERNATIVELY, ENTRY OF INTERIM LICENSE
ip fray analysis: First antisuit injunction attack on UPC: Netgear asks U.S. district court for ASI against or interim license from Huawei; fears AASI – ip fray
Law360 report: Netgear Seeks Anti-Suit Injunction Over Huawei's Wi-Fi SEPs - Law360 🔒
An appeal was heard in Tesla’s UK FRAND litigation against Avanci and InterDigital.
ip fray analysis: Ruling on Tesla’s appeal of dismissal of UK FRAND case against Avanci unlikely before January – ip fray
IAM analysis: Tesla’s appeal for a UK global FRAND rate ruling against Avanci/InterDigital could be a game changer - IAM 🔒
An expert committee was appointed to lay groundwork for the UPC Patent Mediation and Arbitration Centre, the only organ of the court which has not yet started work. Preparations for Mediation and Arbitration Centre reach next stage - JUVE Patent
Market
Susanna Martikainen has announced she is to become Chief Licensing Officer of Wireless Technologies at Nokia and will not be leaving the company as she had previously planned. Post | Feed | LinkedIn
Avanci EV Charger announced a seventh licensee, Japan’s Nitto Kogyo corporation. Marianne Frydenlund | LinkedIn post
Adeia struck a licence agreement with Amazon covering its media portfolio and renewed its deal with Sharp.
Policy & Opinion
At a roundtable hosted by Qualcomm and Euractiv, a Spanish Member of European Parliament predicted a long stalemate over the SEP regulation, while a European Commission official was more upbeat on the legislation’s prospects. Member of European Parliament says EU SEP Regulation is stuck in Council, could be for ten years – ip fray
Sisvel’s Head of Content and Strategic Communicaitons, Joff Wild, hosted a European Patent Office podcast on the Draghi report with panellists Gilles Requena, Chief Patent Research & Policies Officer at the EPO, and Alexandr Hobza, Chief Economist, Directorate-General for Research & Innovation at the European Commission High stakes for Europe’s competitiveness and patents - Talk innovation: unlocking technology | Podcast on Spotify
Strategy & Analysis
Approximately 40% of preliminary injunction motions at the UPC succeed, cementing the court’s importance to global enforcement strategies. Unified Patent Court has become world’s most important forum for preliminary injunctions over patents: high growth, high win rate – ip fray
