Lawmakers seek US injunction return; EC SEP amicus published; Strong Qualcomm and InterDigital earnings; Why dealmaking is all about people; 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
It has been a busy week. Last Wednesday, Senators Chris Coons and Tom Cotton introduced the RESTORE Act to the US Senate. The proposed legislation would override eBay v MercExchange and reinstate the presumption that in the absence of extenuating circumstances a plaintiff whose patent has been found valid and infringed is entitled to injunctive relief from the US courts. Similar legislation has been tabled in the House of Representatives. The bill has no chance of making it through this Congress so looks like a marker for the next one. Will it get to the statute books? It will be tough, but Coons and Cotton are both heavyweights who know how to get things done. If it did become law, it would be a global gamechanger. Watch this space.
Meanwhile, the European Commission published an amicus brief it filed in a German SEP-related litigation in April. The submission indicates a different interpretation of the FRAND dance to the one applied by many German courts currently. Elsewhere, both Qualcomm and InterDigital posted strong quarterly earnings; and on Sisvel Insights our head of licensing, Nick Webb, explained why successful patent licensing is all about understanding people. There was plenty more on top, of course.
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 European Commission published an amicus brief it filed back in April in a Munich Higher Regional Court case between VoiceAge and HMD. The brief advocates a strict interpretation of patent owners’ obligations under Huawei v ZTE and proposes referral to the ECJ. Dr. Andreas Kramer | LinkedIn post
Asustek-backed licensing company Celerity IP filed a US antitrust suit against telco carriers AT&T, Verizon and T-Mobile, accusing the trio of coordinating a price-fixing agreement. AT&T, Verizon, T-Mobile accused of forming a negotiating cartel by Celerity IP - IAM (iam-media.com) 🔒
HP Inc. brought breach of contract, breach of NDA and a range of other state court claims against Access Advance and several HEVC pool members in Massachusetts. Robert Pocknell | LinkedIn post
Sun Patent Trust filed two UPC suits against Roku, asserting patents related to the HEVC video codec. Sun Patent Trust files UPC suit against Roku as codec SEP wars expand - IAM (iam-media.com) 🔒
Amazon sued Nokia in Delaware District Court for infringing 12 cloud-related patents. Since 2023, Nokia has been litigating video codec patents against Amazon on three continents. Amazon countersues Nokia, asserting AWS patents against CloudBand in Delaware – ip fray
Tesla may appeal part of the ruling dismissing its 5G FRAND claims against InterDigital and Avanci, a UK judge ruled. Tesla Gets 2nd Wind In InterDigital FRAND Claim - Law360 🔒
Market
Oppo was revealed as the latest licensor to join Avanci’s 5G vehicle programme. The Chinese company was already an Avanci 4G participant. OPPO joins Avanci 5G - by Michael MA - Michael’s Substack
Qualcomm released quarterly financials highlighted by strong pre-tax earnings growth and a surge in automotive chipset sales. FY2024 3rd Quarter Earnings Release
On a call with analysts, executives discussed renewal talks with Huawei, a long-term deal with Honor and ongoing negotiations with 5G-only licensee Transsion. Q3 2024 Qualcomm Inc Earnings Call on July 31, 2024 / 8:45PM
InterDigital disclosed its Q2 financial results and raised its full-year revenue guidance from $690 million to $740 million. InterDigital - Press Release
It also announced a licence deal with Panasonic covering its 4G, 5G, HEVC and Wi-Fi portfolios. InterDigital - Press Release
According to USPTO records, Toyota has obtained dozens of patents – reported to be 5G SEPs – from Oppo. Toyota acquired dozens of 5G SEPs from OPPO to equip itself for cross-licensing and countersuits – ip fray
Japan’s Kyocera says it is developing a more outward-looking global patent monetisation strategy, focusing on its portfolio of 4G and 5G essential patents. Kyocera seeks to increase licensing revenue from 4G, 5G patents - IAM (iam-media.com)🔒
DVB technologies played an instrumental role in upgrading France’s digital terrestrial television network ahead of the Paris Olympic Games. Sisvel | How DVB technology is bringing the Olympics to millions of French homes in ultra-high definition
Policy
US Senators Chris Coons and Tom Cotton re-introduced the RESTORE Act, a bill to reinstate the presumption that holders of valid and infringed patents are entitled to injunctive relief. Senator Coons, colleagues introduce bipartisan, bicameral bill to restore injunctive relief for patent infringement (senate.gov)
The UK’s Competition and Markets Authority launched a consultation on the Technology Transfer Block Exemption Regulation, its post-Brexit spinoff of the corresponding EU rules. Technology Transfer Block Exemption Regulation | Connect: Competition and Markets Authority (cma.gov.uk)
Analysis/Opinion
Sisvel head of licensing Nick Webb shares his dealmaking philosophy and explains how he builds trust with counterparties in negotiations. Sisvel | Why patent dealmaking is all about people
The recent Court of Appeal decision in InterDigital v Lenovo demonstrates that the UK has developed a cohesive approach to SEP disputes. Ten key takeaways from the UK’s landmark InterDigital/Lenovo appeal decision - IAM (iam-media.com) 🔒
US think tank CSIS held a webinar on global SEP developments in Europe, China and the United States featuring Andrei Iancu, Kirti Gupta, Mark Cohen, Erik Stasik, David Long and Matthew Noble. Standard Essential Patents: Global Regulation and Litigation | CSIS Events
