First-ever French global FRAND rate request; praise for Sisvel C-IoT pool; Nokia suggests SEP reg improvements; LG and Panasonic launch battery pool; 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
Last week, in a suit launched against Xiaomi over alleged infringement of patents declared essential to the LTE-Advanced standard, Sun Patent Trust reportedly became the first SEP holder to ask France’s Tribunal Judiciaire de Paris to make a global FRAND determination. The patent owner has argued that the court is the proper venue because ETSI is based in France and the ETSI FRAND pledge is a matter of French law.
Elsewhere, there was praise for the Sisvel Cellular IoT patent pool from Nordic Semiconductor in an IAM interview and a senior member of the Nokia licensing team suggested ways in which the EU’s proposed SEP regulation could be improved. There was news, too, about the launch of a lithium-ion battery patent pool. And 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
Sun Patent Trust has become the first SEP holder to seek a global FRAND determination from the Tribunal Judiciaire de Paris in a multijurisdictional case against Xiaomi over alleged infringement of patents declared essential to the LTE-Advanced standard. Sun Patent Trust sues Xiaomi over LTE-A standard-essential patents, asks for global FRAND rate determination in France, also sues in India – ip fray
The Delhi High Court has issued a groundbreaking judgment granting damages on the basis of lost profits in a patent infringement litigation. Post | LinkedIn
The UPC announced new judicial appointments in Munich, Mannheim and Milan, which include judges with significant SEP experience. In a related story, the patent court in Dusseldorf was dissolved following the loss of a key judge to the UPC. Ulrike Voß takes over second panel at the UPC Munich local division - JUVE Patent (juve-patent.com) | Higher Regional Court Düsseldorf dissolves patent senate - JUVE Patent (juve-patent.com)
More than 27,000 unitary patents have been issued during the first year of the EU’s Unitary system, while around 350 cases have been initiated at the Unified Patent Court. Unitary Patent system: More than 27,000 unitary patents (europa.eu)
Market
The Sisvel Cellular IoT programme is the first “plausible” solution to the “urgent” SEP licensing issues facing the highly fragmented IoT market, Nordic Semiconductor’s Kristian Sæther said in an interview with IAM. Sisvel-Nordic Semiconductor IoT SEP deal tackles “urgent” issues in fragmented IoT market - IAM (iam-media.com) (Paywall)
LG Energy and Panasonic Energy have launched a new lithium-ion battery patent pool. It will be operated by Hungary-based Tulip Innovations. LG Energy and Panasonic Energy launch lithium-ion battery patent pool - IAM (iam-media.com) (Paywall)
Policy
Sisvel senior IP counsel Vincent Angwenyi provided an update on several important EU policy items, including key regulations affecting tech transfer and standardisation. Sisvel | Beyond the SEP regulation – three EU policies to watch
Ericsson has published a new fact sheet countering five pervasive myths surrounding the proposed SEP regulation Facts on the standard essential patents (SEP) regulation debate - Ericsson
Five former USPTO Directors, Deputy Directors and Patent Commissioners have called on Kathi Vidal to withdraw proposed changes to terminal disclaimer rules which they say are "contrary to law" and "threaten serious harm to America's innovation economy". Former USPTO Officials Urge Vidal to Immediately Withdraw NPRM on Terminal Disclaimers (ipwatchdog.com)
Analysis/Opinion
It is not too late to make changes to the proposed EU SEP licensing regulation that will help preserve Europe’s communications technology leadership, argues Nokia’s Chief Licensing Officer Mobile Devices Susanna Martikainen. Europe’s communications technology leadership at stake - IAM (iam-media.com)
How to surmise where most economic value in standards and SEPs is generated, captured or passed through, and where royalty costs are passed on in supply chains to customers. IP finance: Measuring value and royalty costs in standards and SEPs passed along the value chain to consumers
A new analysis shows that top Chinese patent owners such as Huawei, Oppo, Vivo and Xiaomi are bolstering their patent portfolios in Brazil. The top Chinese patent holders adding Brazil to their strategic maps - IAM (iam-media.com) (Paywall)
