Major China patent pool news; US SEP policy uncertainty; Nokia to expand licensing team; Wi-Fi 6 comes to auto; 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
There were two major developments in China this week. First off, in a case involving Access Advance and TCL, the Supreme People's Court confirmed that the country's courts may set global FRAND rates for patent pools. Around the same time, the news broke that Avanci had been presented with a "Reminder and Urgent Letter" from regulators asking the company to ensure its auto licensing platform conforms with Chinese antitrust law.
Elsewhere, questions were raised about the US approach to SEP policy, and Nokia Technologies and WILAN revealed plans to increase licensing headcount to take advantage of new opportunities in expanding markets. Meanwhile, Sisvel Insights took a look at the developing demand for Wi-Fi 6 in the auto sector.
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
Two lawsuits filed by TCL against Access Advance in 2022 came to light in China when the Supreme People’s Court confirmed lower courts’ jurisdiction to handle them. One is an antitrust claim for abuse of market dominance and the other is a FRAND rate-setting action for HEVC SEPs. Chinese courts can now set SEP rates for foreign patent pools - IAM (iam-media.com)
SAMR, China’s antitrust regulator, announced that it has presented a "Reminder and Urgent Letter" to Avanci, asking the licensing platform to carry out risk assessments and other measures to ensure compliance with China’s anti-monopoly law. Michael Ma | LinkedIn post
Access Advance was granted leave to intervene in a UPC case between Dolby and HP in Dusseldorf. HP is arguing that the Access Advance HEVC pool terms are non-FRAND. UPC Dusseldorf LD lets pool administrator Access Advance intervene in Dolby v. HP SEP case: FRAND compliance of pool terms in dispute – ip fray
Eight new UPC judges were appointed, seven of whom have a technical background in electronics and six of whom are from Germany. UPC judges: The new complete overview - JUVE Patent (juve-patent.com)
Vietnam is set to establish specialist first instance IP courts as cases in the country become increasingly complex. Rouse - Vietnam to Establish Specialized Intellectual Property Court
Market
Nokia Technologies president Jenni Lukander says the company is growing its team so that its ‘sales force’ is large enough to address licensing opportunities in multiple IoT verticals. Culture is crucial for patent team leadership, says Nokia’s Jenni Lukander - IAM (iam-media.com) (Paywall)
WiLAN is staffing up on business development personnel as it pursues licensing programmes in semiconductors, wireless and other areas as a newly private company. WiLAN buying portfolios, striking licences in first year as private monetisation firm - IAM (iam-media.com) (Paywall)
Prepare for growing Wi-Fi 6 uptake in the auto sector, but do not hold your breath for in-vehicle Wi-Fi 7. Sisvel | Wi-Fi 6 is coming to vehicles soon… Wi-Fi 7 not so much
3GPP Release 18 has been ‘frozen’, meaning that product makers can now begin incorporating the latest 5G specification, dubbed 5G-Advanced, into products. 5G-Advanced arrives with 3GPP's Release 18 (lightreading.com)
Policy
The US National Institute of Standards and Technology (NIST) is seeking public input on a draft roadmap for a National Standards Strategy for Critical and Emerging Technology. The submission deadline is 12th July. U.S. Government National Standards Strategy for Critical and Emerging Technology Implementation Roadmap (nist.gov)
The CNIPA announced that China’s talent pool of IP professionals includes 76,000 qualified patent agents and 30,000 people engaged in IP management and enforcement. China enhances efforts to boost IP talent pool (www.gov.cn)
Analysis/Opinion
USPTO Director Kathi Vidal has a strong focus on SEPs, but because of her hesitancy to take a substantive policy position it is unclear what she is seeking to achieve. US builds international cooperation with UK Patent Office agreement, but goals are unclear - The Global Legal Post
Last week, the US Supreme Court overturned the longstanding doctrine of Chevron deference. This will pave the way for more legal challenges to administrative rulemaking by the USPTO, ITC and other US government agencies. Chevron's End May Put Target on ITC and Patent Office Policy (law360.com) (Paywall)
The PTAB invalidation rate stood above 70% for the first half of 2024, marking the worst environment for patent owners since 2015. Recent Statistics Show PTAB Invalidation Rates Continue to Climb (ipwatchdog.com)
The UPC is slipping behind on its benchmarks for ensuring timely disposal of SEP cases. UPC to miss timeline targets in several SEP cases, despite prioritising speedy proceedings - IAM (iam-media.com) (Paywall)
