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 

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When news of the European Commission’s intent to withdraw the SEP regulation broke last week, it caught many by surprise. However, it was becoming increasingly clear that strong support for the proposals among member states was lacking, while changes at key posts within the Commission itself and a new focus on less regulation may also have reduced the number of champions the legislation had in Brussels.  

Even if they differ on solutions, everyone of good faith – whether patent holder or implementer – wants efficient, transparent SEP licensing. This is the foundation on which any future EU approach to SEPs should be built. One of the problems with the regulation was the strong feeling among licensors that the proposals were unbalanced and far more favourable to implementers. Now there is a window to craft a way forward all find reasonable.  

Connectivity is a rare technology area in which Europe is a global leader. That matters for European technology sovereignty and security. To risk it, especially with little evidence change is needed, would have been foolhardy. By pressing the pause button, the Commission has created space for pragmatism, common sense and balance to prevail.  

In other news, Dolby and Asus agreed a settlement bringing an end to their dispute over HEVC-related SEPs, while data from the UPC revealed a high plaintiff win rate and a developing “rocket docket”.  

Look out too for a link to the February issue of the Sisvel SEP Insider, delivering the latest insight, analysis and data for the global SEP market.   

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.  

Market  

Dolby reached a settlement with Asus, ending a face-off at the UPC. Dolby Ends UPC Claim Against Asus After Settlement   - Law360 🔒 

Hisense agreed to licence video-related patents from DivX in the wake of a preliminary injunction in Brazil. DivX strikes license deal with Hisense owing exclusively to Brazilian patent enforcement – ip fray 

Beat Weibel is moving on from his post as chief IP counsel at Siemens to head up the tech transfer function at ETH Zurich, a Swiss university. Martin Wilming | LinkedIn  

Legal 

Samsung has asked the Frankfurt Regional Court in Germany to require ZTE to grant it a licence on FRAND terms. Samsung’s antitrust attack on ZTE over SEP licensing confirmed; ZTE won Brazilian preliminary injunction last month – ip fray

The Unified Patent Court has issued its first annual report. Unified Patent Court published its first annual report | Unified Patent Court 

Policy & Opinion 

The European Commission indicated that it intends to withdraw the SEP regulation within the next six months, with “no foreseeable agreement” on the legislation. 

• The decision was made public in the annexes to the Commission’s 2025 work programme: Moving forward together: A Bolder, Simpler, Faster Union 

• Sisvel welcomed the news: Sisvel – Press Release  

• ip fray recorded reactions from both sides of the debate: A “solid step” forward or “missed opportunity”: market divided over EU’s SEP Regulation withdrawal 

• The move followed a change in the mood music around European innovation and competitiveness: Proposed SEP regulation withdrawn following delays and EU mood shift - IAM 🔒 

Allowing national courts to decide the global rates of a patent pool licence would undermine the creation of patent pools. TCL v Access Advance and the lingering risk of jurisdictional disputes for patent pools - IAM 🔒 

Two more senior USPTO officials have been named: a chief of staff and an acting chief communications officer. The Trump Administration’s USPTO Executive Team is Taking Shape 

Strategy & Analysis 

The February issue of Sisvel SEP Insider has been published. EU SEP policy at a crossroads | February newsletter 

IAM interviewed the person responsible for monetising the Cantor Fitzerald patent portfolio under Howard Lutnick, who is nominated to lead the US Commerce Department. The inside track on US Commerce Secretary nominee Howard Lutnick - IAM 🔒 

Patentees have enjoyed a nearly 60% win rate at the Unified Patent Court thus far, with the court also developing a reputation as a "rocket docket". UPC Statistics: 60% Success Rate Patentees, Rapid, and Further Key Insights - JUVE Patent 

Data from RPX shows that corporates got much more active in patent assertion during the final quarter of last year. Operating Company Litigation Surged in Q4 2024 | RPX Corp 

The UPC’s first two FRAND decisions prioritise striking a balance and achieving flexibility. The UPC’s first two FRAND decisions – key lessons for SEP strategists - IAM 🔒 

With the SEP regulation off the table, focus is shifting to an upcoming decision in the VoiceAge-HMD dispute.  Demise of EU tech-patent law switches attention to German court ruling this month | MLex 🔒