Tech giants accused of licence collusion; Xiaomi sues Panasonic in China; US eligibility reform law introduced; EU should drop “self-defeating" regulation; and 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
A potentially far-reaching lawsuit in the US was among last week’s major breaking news stories. Microsoft and Nvidia have been accused of colluding with each other and using RPX as an agent to secure a licence to patents owned by Xockets, a Texas-based data processing unit start-up, at below market rates. If the suit is not settled, it may provide some insight into how the US courts view issues relating to licensing negotiation groups.
Elsewhere, the multijurisdictional patent dispute between Xiaomi and Panasonic entered a new phase when the former sued the latter in Wuhan, China; and the House version of the Patent Eligibility Reform Act (PERA) was introduced to sit alongside the Senate version introduced in 2023.
There was also a stark warning from a former Trump White House official about the proposed EU SEP regulation. Clete Willems, who served as Deputy Assistant to the President for International Economics and Deputy Director of the National Economic Council during the last Republican administration, says the regulation poses dangers to European and US technology security interests. And, of course, there was much 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
A patent infringement lawsuit filed by Texas startup Xockets against Nvidia and Microsoft also accuses the two tech giants of participating in a buyer’s cartel by virtue of their membership in RPX. Nvidia, Microsoft hit with patent lawsuit over AI computing technology | Reuters
Xiaomi filed a Chinese patent infringement suit against Panasonic in Wuhan. Panasonic is currently litigating against Xiaomi and Oppo in Germany, the UK and at the UPC. Xiaomi sues Panasonic in China - by Michael MA (substack.com)
A UPC ruling in a streaming patent dispute contains important clues about the court’s approach to jurisdiction and cross-border infringement issues. IP Fray | LinkedIn post
Market
Huawei has signed 40 new patent licensing agreements over the past year, IP head Alan Fan announced at a company event in Shenzhen. Michael Ma | LinkedIn post
Ox Mobile Technologies, a Longhorn IP affiliate, announced a licence deal with OnePlus covering 4G/LTE related technologies. ONEPLUS REACHES AGREEMENT WITH OX MOBILE TECHNOLOGIES (longhornip.com)
July and August saw several patent transfers stemming from new licence deals and settled litigation disputes. Sisvel | Multiple ‘peace deals’ among July and August patent assignments
Policy
Bipartisan legislation to overturn recent US Supreme Court case law and restore patent eligibility to inventions across many fields has been introduced in the House of Representatives. Representatives Kiley, Peters Introduce the Patent Eligibility Restoration Act - Kevin Kiley (house.gov)
Newly appointed French prime minister Michel Barnier was a strong proponent of the Unified Patent Court during his tenure as EU internal market commissioner. IP Fray | LinkedIn post
Analysis/Opinion
The EU should "drop its short-sighted and self-defeating" SEP licensing regulation and instead partner with the US to ensure 6G infrastructure serves collective security interests. Who will own 6G – and the future? - IAM (iam-media.com) 🔒
The Chinese ruling authorising local courts to set FRAND rates for patent pools may not go as far as some commentators have suggested. Pool rate-setting by courts: various questions left to be resolved in China after SPC ruling while Tesla appeals dismissal in UK – ip fray
Filing numbers show the UPC is perceived as an attractive venue for seeking injunction, but the success of this strategy has yet to be validated. UPC monthly report 08/2024 » UPC Law
A majority of patents coming before the UPC in infringement actions have been restricted or nullified. Results in revocation actions have been balanced. Initial judgments indicate tendency of UPC to restrict patents (juve-patent.com)
Some UPC practitioners say better access to documents is needed to enable effective representation before the court. 'Quite concerning': UPC transparency policies frustrate practitioners | Managing Intellectual Property (managingip.com) 🔒
