InterDigital hails UK Lenovo win; Ericsson strikes 5G licence with Oppo; Automakers demand Avanci info; US gifts FRAND leadership to others; 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
We’ve just lived through a busy week with several major breaking stories. Among the most significant was InterDigital’s claim of victory over Lenovo at the UK Court of Appeals in the pair’s ongoing multijurisdictional dispute. “The court rejected Lenovo’s appeal in its entirety and confirmed that Lenovo must pay for all of its past sales starting from 2007,” a press release issued by the US firm stated. “By virtue of this ruling, Lenovo will pay an additional amount of more than $55 million to a total of approximately $240 million for Lenovo’s past sales through December 31, 2023.”
Elsewhere, Ericsson revealed that its licensing income in Q2 of 2024 had seen a 46% year-on-year increase and announced the signing of a new 5G deal with Oppo. Meanwhile, a group of automaker associations wrote to Avanci asking for more transparency around the patents in its 5G programme and its rate-setting.
Among several opinion and analysis pieces published over the course of the week, Jonathan Stroud of Unified Patents argued forcefully in IAM that the US has ceded FRAND/SEP leadership to China and Europe. There was plenty more to get your teeth into 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
InterDigital has declared “a resounding win” over Lenovo following a UK Court of Appeal decision relating to the pair’s multi-jurisdictional FRAND/SEP dispute. Some reflections on InterDigital’s resounding Court of Appeal win over Lenovo in the UK | InterDigital.com
Ahead of the Panasonic v Xiaomi FRAND trial scheduled for October, the High Court of England and Wales declined to impose interim measures that would prevent the plaintiff from enforcing any injunctions it obtains outside the UK. Xiaomi’s interim licence request rejected by UK court in Panasonic SEP dispute - IAM (iam-media.com) (Paywall)
Qualcomm has filed infringement actions against smartphone maker Transsion in India, China and Europe. The pair have already signed a deal covering 5G assets, but Qualcomm has said that the majority of Transsion’s mobile products remain unlicensed. Transsion sued again in India – this time by Qualcomm - IAM (iam-media.com) (Paywall)
Ericsson lodged its first-ever infringement actions at the UPC, targeting Asustek Computer, Arvato Netherlands and Digital River Ireland. Ericsson files first ever UPC suits, reveals new 5G licence - IAM (iam-media.com) (Paywall)
Market
Ericsson announced a 5G licence with Oppo. The deal was reflected in the Swedish company’s Q2 financial results, which saw licensing revenue grow to 3,887 million SEK (US$369 million), up 46% year-on-year. Ericsson files first ever UPC suits, reveals new 5G licence - IAM (iam-media.com) (Paywall)
Adeia renewed a deal licensing its portfolio of media patents to Liberty Global, a London-headquartered company which operates pay-TV brands including Virgin Media. Adeia Renews Long-Term IP License Agreement with Liberty Global (yahoo.com)
The plunging yen is making patent disposals more attractive to Japanese companies faced with mounting maintenance costs for their US portfolios. Japanese companies selling off US patents amid yen-dollar plunge - IAM (iam-media.com) (Paywall)
Avanci announced that it now has 100 brands under licence to its 4G Vehicle programme. Road to 100 - Avanci
Policy
Auto industry groups from the US, Asia and Europe issued a joint letter to Avanci calling on the company to disclose lists of patents included in its programmes and explain the FRAND basis of its rates. American, Japanese, European, Korean Auto Manufacturers to 5G Patent Holder: Explain How You Set Your Rates | Alliance for Automotive Innovation
The US House of Representatives Appropriations Committee has asked the Department of Commerce “to examine how foreign standard essential patent injunctions are negatively impacting American interests”. Post | LinkedIn
The European Commission put out a call for tenders for a study intended to support the implementation of the EU SEP regulation EU Commission jumps the gun on SEP Regulation, makes call for tenders that could be waste of time and money – ip fray
Analysis/Opinion
The US has gifted SEP leadership to the Europeans and Chinese. It is their courts and regulators who are deciding how the FRAND world works. China to the US: If you won’t regulate SEPs, we will - IAM (iam-media.com) (Paywall)
Patent disputes at US district courts, the PTAB and the ITC all rose in the first half of 2024, recovering from a pronounced dip in 2023. US district court, PTAB and ITC case filings on the rise - IAM (iam-media.com)
IWNCOMM v Apple, decided by the Supreme People's Court in late 2022, has had a significant impact on the establishment of a new regime for SEP injunctions in China, as well important implications for the industry globally. SEP/FRAND Hub 2023/2024 - IAM (iam-media.com)
A divergence has emerged in how different UPC local divisions in Germany deal with confidentiality issues. Explicit split: UPC’s Mannheim LD elects to impose more restrictive confidentiality regime in Panasonic v. OPPO than Munich – ip fray
Two powerhouse German law firms are responsible for one-fourth of all UPC patent assertions to date. Exclusive: Two firms account for quarter of UPC infringement cases | Managing Intellectual Property (managingip.com)
