China issues new SEP guidelines; Adeia sues Disney; Trump speculation begins; The truth about pools and litigation; 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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Many will have just spent the weekend seeking out translations of what could be two pivotal texts released by China’s State Administration for Market Regulation. The "Anti-Monopoly Guidelines for Standard Essential Patents" and an interpretation of the same were published on Friday. In the coming days, SEP holders and implementers of their inventions around the world will be poring over the new guidelines to work out what their implications for the existing regime might be.
Over in the US, meanwhile, Adeia launched new patent suits against Disney and subsidiaries Hulu and ESPN, accusing them of infringing patents reading on streaming technology; and speculation began about what a second Trump Administration might mean for IP after his resounding presidential win. On IAM, Sisvel’s head of licensing programmes, David Muus, debunked a few myths about patent pools and litigation.
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
Adeia announced new patent suits against Disney and its Hulu and ESPN subsidiaries over streaming technology. Adeia Initiates Patent Infringement Litigation Against Disney | Adeia Inc.
A Texas jury returned a verdict of no infringement by Nokia in a patent case targeting the Finnish company’s networking products. Nokia fends off lawsuit in Eastern District of Texas targeting its network infrastructure: three patents not infringed – ip fray
The Hague is the fastest-growing UPC local division in terms of infringement case filings. UPC infringement filings: Munich leading in October, Hamburg post-vacation-season; The Hague growing fastest in UPC Year 2 – ip fray
Pantech asked a US court to triple a $1 million damage award for infringement of a 5G patent by Oppo Group affiliate OnePlus. Pantech Wants $1M Verdict Tripled In OnePlus Patent Case - Law360
Market
Ericsson followed Nokia in settling claims brought by Wireless Alliance LLC ahead of a Texas trial over cellular infrastructure operated by Verizon, AT&T and T-Mobile. Ericsson Settles Cell Site Patent Case On Eve of Texas Trial - Law360 🔒
LLCs and licensing companies were active in the secondary market for wireless and multimedia patents over the last two months. Sisvel | Latest patent assignments suggest upcoming monetisation campaigns
Emerging markets helped power a strong third quarter for smartphone shipments, but it was a mixed bag for other connected devices, with PC sales retreating. Sisvel | Strong Q3 for smartphones, but PC sales decline
Policy & Opinion
China’s State Administration for Market Regulation issued Anti-Monopoly Guidelines for Standard Essential Patents. China IP Law Update has posted an English translation: SAMR Releases Anti-monopoly Guidelines in the Field of Standard Essential Patents - China IP Law Update
Speculation has begun as to what a second Trump administration will mean for US IP policy:
Some observers expect an innovator-friendly shift in patent policy, but others warn that IP will be low on the agenda. Some First Reactions on What a Second Trump Presidency Will Mean for IP - IP Watchdog
Intel ’s IP policy chief Vishal Amin has been tipped as a potential nominee for USPTO director. ip fray | Linkedin Post
SEP policy in Europe also remained a flashpoint for advocacy:
Sisvel joined dozens of industry leaders in a high-level statement urging the EU to champion IP policies that will make Europe a more attractive environment for innovation. Sisvel | LinkedIn post
In an op-ed aimed at European policymakers, InterDigital’s Rob Stien made the case for arbitration as an important way to promote SEP balance. Achieving the right balance in SEP regulation | InterDigital.com
Strategy & Analysis
Sisvel’s David Muus busted myths about the link between pools and litigation in an article for IAM. The real connection between patent pools and litigation - IAM 🔒
Chief Licensing Officer Roy Maharaj detailed Ericsson’s new strategy for video and IoT deal-making. Ericsson adopting new approach for video and IoT deal-making, says Chief Licensing Officer Roy Maharaj - IAM 🔒
The Federal Circuit’s recent judgement in Ericsson v Lenovo has broad implications for global SEP litigation because it indicates much greater US court interest in FRAND rate setting. The Federal Circuit’s Antisuit Injunction Decision in Ericsson v. Lenovo has Broader Implications for Global SEP Litigation | Patently-O
According to an analysis from IPlytics, Sisvel’s Wi-Fi 6 pool rate is one of the few public benchmarks for royalties in this fast-growing space. Managing Wi-Fi 6 SEP Licensing and Litigation Challenges in a $10 Billion Royalty Market
Recent decisions from the Federal Circuit may boost reasonable royalty awards recoverable by US patent plaintiffs. How Recent Patent Damages Precedent May Increase Reasonable Royalty Awards
Changes to the Civil Procedure Rules for England and Wales may mean that ADR will play a bigger role in FRAND disputes heard in the UK. Andrew Maggs - Might ADR become a part of FRAND disputes before the Courts of England and Wales? | LinkedIn
