Auto LNG gets limited OK; Big UK FRAND appeal heard; New smart home pool in the works; Further EU SEP regulation dangers identified; 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
The big news last week was the green light given to the formation of an auto-related licensing negotiation group by Germany’s Federal Cartel Office. However, the approval came with important caveats: negotiation with the group is voluntary and there are limits on information-sharing between members.
Elsewhere, InterDigital’s appeal of the first instance decision in its UK FRAND dispute with Lenovo was heard in London. According to ip fray, the three-judge panel is likely to overturn at least parts of the initial judgment. Among other developments, there was also news of potential new patent pools covering smart home technologies.
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 Court of Appeal of England and Wales has heard InterDigital’s appeal of the first instance ruling in its FRAND litigation with Lenovo and seems likely to overturn key aspects of the judgment. UK appeals court unlikely to affirm InterDigital-Lenovo FRAND determination: Munich court also rejected it as unreliable – ip fray
Market
Patent owners can offer a fixed-price group licence to up to 35 AST members as part of the defensive aggregator’s annual Industry Patent Purchase Program (IP3). Allied Security Trust’s IP3 launches with new option – licensing rather than sale - IAM (iam-media.com)
Access Advance and Tech+IP are exploring the formation of a patent licensing programme focused on smart home technologies; IoT protocols mentioned in the announcement include Matter, Thread and Zigbee. Access Advance and Tech+IP Announce an Agreement to Explore the Formation of a Smart Home Licensing Program — Tech+IP
Policy
Germany’s Federal Cartel Office gave a caveated stamp of approval to an auto licence negotiation group proposed by BMW, Mercedes, Thyssenkrupp and VW, but placed limits on information-sharing among members and stipulated that licensors are not obliged to negotiate with it. Bundeskartellamt - Homepage - BMW, Mercedes, Thyssenkrupp and VW can negotiate jointly for the acquisition of certain technology licences
Analysis/Opinion
Although Germany’s Federal Cartel Office has given the green light to an automotive licensing negotiation group for SEPs, the limitations placed on it mean it will likely have next to no practical consequences. German cartel clearance of Automotive Licensing Negotiation Group for SEPs won’t matter if SEP holders simply say no – ip fray
The proposed EU SEP regulation rests on questionable economic justifications and its remedies could endanger future investments in innovation, according to a new academic paper. Devaluing SEPs: Hold-up bias and side effects of the European Draft Regulation | JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law
There are five key takeaways from last week’s Court of Appeal hearing of the closely watched InterDigital v Lenovo UK FRAND case. 5 lessons from InterDigital v. Lenovo UK FRAND appeal for EU SEP Regulation – ip fray
The years long decline in German patent litigation continued in 2023, and courts in the country are beginning to reduce IP capacity as the UPC hoovers up talent and caseload. Case numbers at German courts continue to fall as UPC takes off - JUVE Patent (juve-patent.com)
