UPC FRAND ruling misconceptions; Sisvel President’s SEP reg warning; Ericsson v Lenovo ITC details; China SEP Guidelines analysis; 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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After a great deal of third-party commentary, last week one of the attorneys who represented Panasonic and helped the Japanese company secure a positive outcome against Oppo in the UPC’s first-ever FRAND ruling spoke publicly to “put a few things very, very straight”.
Among these, said Kather Augenstein partner and litigator Christopher Weber, the judgment was not a decision by a German court but a pan-European one based on European case law. “This well balanced, clearly worded decision should and will guide any further FRAND negotiations,” he continued. “It provides equitable and just guidelines for both implementers and SEP holders to come a fair, reasonable and non-discriminating solution without any party resorting to help from the courts.”
Meanwhile, leading European policy platform The Parliament published an op-ed by Sisvel President Mattia Fogliacco on why he believes the proposed SEP regulation in its current form damages key European innovation and security interests and runs contrary to the principles set out in the Draghi report. IAM also ran a Q&A with Mattia in which he outlined key developments at Sisvel over the last year.
Elsewhere, there was further analysis of China’s recently published Anti-Monopoly Guidelines for Standard Essential Patents and details of the ITC’s deliberations in the patent dispute between Lenovo and Ericsson emerged.
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
Christopher Weber, the litigator who secured the UPC’s first SEP injunction on behalf of Panasonic, set straight some misconceptions about the ruling Christopher Weber | LinkedIn post
Further details have emerged from the ITC about its deliberations concerning the Ericsson v Lenovo patent dispute that seem to point in the Swedish company’s favour.
China-based technology development company Iwncomm has published 11 Chinese court judgments against Apple and Samsung on its website relating to cases that cover monopoly, SEP infringement and SEP licensing. Iwncomm releases 11 judgments against Apple and Samsung on its official website
Market
The HEVC Advance pool welcomed TCL as its latest licensee, which operator Access Advance says significantly expands pool coverage of TVs. TCL Joins the HEVC Advance Patent Pool
Avanci’s EV charger programme added EvoCharge and LG Electronics as licensees. Avanci | LinkedIn post
The value of IP financings in China is set to exceed the one trillion RMB mark for the first time in 2024. Intellectual property financing to turbocharge IP operation and management--China Economic Net
SIM IP, an IP investment firm run by Erich Spangenberg, has acquired “key 5G patents from a leading South Korean university”. No further details were provided. SIM IP | LinkedIn post Policy & Opinion
Leading EU policy outlet The Parliament published an op-ed from Sisvel’s Mattia Fogliacco on the SEP regulation’s threat to European innovation. European SMEs, innovation and tech security under threat
Presumptive Trump administration Commerce Secretary Howard Lutnick has extensive ties to the patent system. Howard Lutnick and the Patent System | Patently-O 🔒
The fact that courts regularly set bilateral FRAND rates does not mean this practice makes sense for patent pools. Right-sizing judicial FRAND determinations: one patent at a time? one country? worldwide? or even pools? – ip fray
The USPTO backlog is increasing as patent grant rates are falling, new data has revealed. Dennis Crouch | LinkedIn post
The average examination time for patents at China’s National Intellectual Property Administration has dropped to 15.6 months. China accelerates patent review process to improve innovation protection
Strategy & Analysis
China’s new Anti-Monopoly Guidelines for Standard Essential Patents strike a careful balance between the interests of SEP holders and implementers. SAMR Releases Antitrust Guidelines for SEPs - KWM
In a Q&A with IAM, Mattia Fogliacco discussed Sisvel’s recent successes, what goes into an effective pool and emerging licensing trends. IAM Strategy 300 Global Leaders: Sisvel
