Langbo-Apple deal hinted; UK court tosses Tesla suit; Sanctions relief for US standards-setters; China focuses on patent pools; 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
Speculation that Apple could become a licensee of Chinese R&D lab Langbo has intensified after the companies mutually withdrew patent infringement litigation action against each other in China. This news broke just as Langbo founder Dr Yang Lin gave an interview to IAM in which he explained how Sisvel had played an important role in the firm’s development.
Elsewhere, a court in the UK dismissed Tesla’s attempts to secure a ruling on a FRAND rate for the Avanci 5G licensing programme; and the Department of Commerce announced rule changes that should make it simpler for US entities to take part in international standards setting initiatives. Meanwhile, Sisvel Insights looked at increasing Chinese interest in patent pools. There was, of course, 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
The High Court in London threw out most of a lawsuit filed by Tesla against Avanci and InterDigital, refusing to rule on FRAND terms for the Avanci pool licence offer
Story: Tesla's UK lawsuit for 5G patents licence thrown out by UK court | Reuters
Judgment: Tesla, Inc & Anor v Idac Holdings, Inc & Ors [2024] EWHC 1815 (Ch) (15 July 2024) (bailii.org)
Huawei filed a patent infringement lawsuit against Taiwan-based chip company MediaTek in a Chinese district court. Huawei sues MediaTek - by Michael MA - Michael’s Substack
UK FRAND rulings in Panasonic’s disputes with Oppo and Xiaomi are expected to arrive before the end of 2024 according to the judge presiding over the cases. UK court to inform UPC, German courts that FRAND determinations in Panasonic v. OPPO & Xiaomi will come down before Christmas – ip fray
Market
R&D lab Shanghai Langbo and Apple withdrew Chinese infringement litigation and patent invalidation requests targeting one another, signalling a settlement to their licence dispute. BREAKING：Shanghai Langbo, Apple probably ink 4G/5G Patent License Agreement (substack.com)
In an interview with IAM, Langbo founder Dr. Yang Lin credited a partnership with Sisvel for helping the lab get off the ground. “I had a list of over 100 investors and none of them believed this could work until we struck our deal with Sisvel,” he said. Langbo pursuing patent licensing agreement with Apple as it moves to monetise - IAM (iam-media.com) 🔒
Avanci expressed surprise at an open letter written by a group of auto industry associations asking for greater transparency around its approach to FRAND and SEP licensing. Avanci responds to automotive trade associations letter - Avanci
Policy
The US Department of Commerce announced an interim final rule that will make it simpler for US companies to participate in international standards-setting without unreasonable hindrance from export controls. Department of Commerce Announces Major Update to U.S. Leadership in Global Standards Development | Bureau of Industry and Security (bis.gov)
Project 2025, a think tank policy blueprint for a potential second Trump administration, contains several recommendations for the USPTO, including a move outside the Commerce Department. Geoffrey White | LinkedIn Post
Analysis/Opinion
Nokia CEO Pekka Lundmark called on the EU to support its innovation champions through a more joined-up, strategic approach to rulemaking that ensures a fair patent licensing environment. Nokia CEO: Europe shouldn’t be afraid to back its innovation champions | Fortune Europe
Recent scrutiny of patent pools in China comes amidst growing interest from China Inc. in joint licensing programmes Sisvel | China dispatch: All eyes on patent pools
On royalty rate and other key issues, there remains a significant gap between the Chinese auto industry and SEP licensors. The key debates in play for licensing SEPs into China’s automotive industry - IAM (iam-media.com) 🔒
Any bid to curtail the ITC’s patent jurisdiction on Loper Bright grounds will face significant obstacles. SCOTUS’ overturning of the Chevron doctrine could have major ramifications for ITC actions - IAM (iam-media.com) 🔒
An upcoming Delaware jury trial between Philips and Thales will address key elements of FRAND and royalty calculations for SEPs. Three big themes in Philips’ upcoming cellular SEP jury trial - IAM (iam-media.com) 🔒
