Data reveals tough SEP licensing market; Avanci 5G auto pool’s new members; AV1 set for lift-off; The impact of InterDigital v Lenovo; 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
New analysis has been published in IAM comparing the royalty amounts that Apple pays to Ericsson and Nokia for 5G SEPs in comparison to what the company has handed over for 4G. “Today, the surge in 5G device sales has triggered a wave of 5G licensing agreements between major standard essential patent holders and large 5G device manufacturers like Apple,” the authors write. “Our analysis of these agreements indicates that the 5G royalty rates may be consistently lower than initial headline rates, aligning more closely with the rates received by licensors under their previous 4G agreements.”
Almost at the same time, Avikka founder Eric Stasik produced his latest update on the average licensing revenues for Qualcomm, Ericsson, Nokia and InterDigital. It’s tough out there right now, he states – although InterDigital may be bucking the trend.
Elsewhere, Avanci revealed new licensors in its 5G auto pool and Sisvel’s Valentina Piola explained why AV1 adoption may be about to take off. And, of course, there was plenty 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
Huawei filed a response to US litigation from Netgear as the pair’s dispute over Wi-Fi SEPs rumbles on in multiple jurisdictions. Huawei files motions to strike some parts, dismiss others of Netgear’s U.S. complaint over WiFi SEP enforcement in UPC, Germany, China – ip fray
Volkswagen and Audi are appealing a UPC decision from May which held that NPE plaintiff Network System Technologies is not required to provide security for litigation costs. ip fray | LinkedIn post
Market
IPCom and a newly established NPE called New Radio are reportedly the latest patent owners to join the Avanci 5G Vehicle programme. Michael Ma | LinkedIn post
With major advances in both software and hardware decoding in past months, the AV1 video codec could soon see greater deployment by streamers. Sisvel | AV1 adoption is ready for take-off
Seattle-based business intelligence firm Moat Metrics has acquired the IP-related business assets of insurance giant Aon. Moat Metrics Acquires IP Platform Assets from Aon | Business Wire
Policy
Japan’s prime minister stated that the country will develop a strategy for taking on a greater role in helping shape intellectual IP rules. Japan to Develop Strategy for Int'l Intellectual Property Rules - JIJI PRESS
The Industry Patent Quality Charter convened in Germany to reiterate concerns over EPO examination quality. ‘Bullshit in is bullshit out’: practitioners urge EPO quality drive | Managing Intellectual Property (managingip.com)
PTAB rules, terminal disclaimers and fee hikes are among the USPTO policy issues to watch in the second half of 2024. USPTO Mid-Year Review 2024: New Rules Packages and What to Expect For the Second Half of 2024 (ipwatchdog.com)
Analysis/Opinion
IAM published an analysis estimating Apple’s 5G royalty payouts to Ericsson and Nokia as a percentage of device price, concluding that they are lower than the comparable 4G rates. Analysis shows big telecom licensors’ 5G rates may be lower than expected - IAM (iam-media.com) (Paywall)
Erik Stasik has updated his dataset comparing reported royalty revenues from major SEP licensors to smartphone unit sales, observing that the figures reflect a difficult licensing environment. Empirical data on average SEP royalty rates from 2012 to 2023. | LinkedIn
The England and Wales Court of Appeal’s upcoming decision in the InterDigital v Lenovo case will be a landmark for the UK's position as a venue for global SEP disputes. Lenovo v InterDigital ruling to signal London's role in SEP litigation (juve-patent.com)
A new paper has been published focusing on the role of standards setting organisations in the Indian ICT sector. Role of Standards Setting Organizations in the Indian ICT Sector (semanticscholar.org)
Section 101 rejections at the USPTO have increased dramatically thus far in 2024. BREAKING: Section 101 Rejections Soar at USPTO; 77% of AI Tech Group's OAs Include 101 Rejections (voiceofip.com)
The ITC’s patent-related jurisdiction has been questioned in a new paper from a well-known US IP law scholar. Reconsidering The Patent Jurisdiction of the International Trade Commission by Jorge L. Contreras :: SSRN
