EU mulls lower greentech SEP royalties; Nokia secures first Chinese auto licence; FRAND rulings in UK and Germany; InterDigital profits surge; 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
Those concerned the proposed EU SEP licensing regulation represents the thin end of the wedge when it comes to the Commission’s plans to insert itself into the patent market will feel even more worried following publication of a report last Friday that “stress tests” the legislation. Among the suggested scenarios foreseen in the paper is one where lower royalty rates are mandated for patents deployed in greentech and another in which green standards are royalty free. That is the problem when market regulation begins, many will conclude: there is never a red line that cannot be crossed.
Elsewhere, there was news that Nokia has secured its first auto-related licensing deal in China, a German court ruling against Samsung and a setback for Ericsson in its ongoing FRAND litigation with Lenovo in the UK. Meanwhile, InterDigital released its 2023 annual report, containing details of what was a highly successful year for the R&D and licensing business.
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 Munich Regional Court held Samsung to be an unwilling licensee in a 4G SEP case brought by China’s Datang Mobile, rejecting the Korean company’s FRAND defence as well as a competition law counterclaim. Datang wins against Samsung in 4G SEP infringement dispute - JUVE Patent (juve-patent.com)
China’s Supreme People’s Court IP tribunal has highlighted a case decided in December 2022 that looks at the extent to which a court should consider the behaviour of parties in a FRAND negotiation when assessing damages awards and injunctive relief. China Iwncomm v Apple - points to note in SEP licensing negotiation - Bird & Bird (twobirds.com)
NEC has become the latest member of the Access Advance HEVC pool to launch patent infringement action against TCL after filing a suit against the Chinese company at the UPC. NEC sues Chinese TV giant TCL at Unified Patent Court - IAM (iam-media.com) (Paywall)
Caltech has dropped its Wi-Fi patent lawsuit against HP Inc. in the US District Court of the Western District of Texas. The university has previously reached Wi-Fi patent settlements with Apple, Samsung and Microsoft. Caltech resolves lawsuit against HP over Wi-Fi patents | Reuters
Spanish NPE Ona Patents has filed suit against Apple and Google at the UPC alleging infringement of a Wi-Fi related patent owned by Finnish software company Ekahua Oy. Apple and Google targeted at UPC by new European patent monetisation entity - IAM (iam-media.com) (Paywall)
Ericsson has failed to persuade the High Court of England and Wales to throw out Lenovo’s request for a global licence rate determination and FRAND injunction. Ericsson fails to get Lenovo’s global FRAND rate case thrown out of UK Court - IAM (iam-media.com) (Paywall)
Market
Nokia has recently concluded its first patent licence agreement with a Chinese automaker. The bilateral deal covers 4G/5G technology, according to a LinkedIn post from Patrik Hammarén, who heads company’s IoT licensing programme. Post | Feed | LinkedIn
Diehl Metering of Germany has been announced as the latest licensee of the Avanci Smart Meter programme, which covers 4G, 3G and 2G cellular technology. Post | LinkedIn
Oppo has published a white paper summarising its achievements in patent portfolio development and explaining the three core principles of its IP philosophy: innovation and protection; pursuing a strategy based on proactive defence; and promoting a healthy ecosystem. OPPO releases its first Innovation and Intellectual Property White Paper on 20th anniversary | OPPO Global
InterDigital has published its annual report for 2023. Among other things, it shows a 20% increase in annual revenues to $550 million and recurring revenues of $408 million. InterDigital - Annual Reports & Proxy Statements
Policy
A new European Commission paper that “stress tests” the proposed SEP licensing regulation envisages scenarios under which lower royalty rates are mandated for SEPs implemented by cleantech products and there are royalty-free green standards. EU Commission paper contemplates lower standard-essential patent royalties for cleantech, royalty-free green standards – ip fray
The Pudong District government in Shanghai has unveiled a series of IP-related subsidies for local companies, including Rmb500,000 in grants for those that contribute SEPs to a patent pool. Shanghai to Subsidize Construction of Standard Essential Patent Pools - China IP Law Update
Opinion and analysis
The ITC is playing a key part in SEP holders’ litigation strategies in the United States due to the availability of exclusion orders and expansive discovery. SEP/FRAND Hub 2023/2024 - IAM (iam-media.com)
