Panasonic prevails in first UPC FRAND ruling; Tech transfer bloc exemption a success; PTAB reform moves closer; Sisvel event takeaways; 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
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In and of itself, the first FRAND ruling at the UPC was always going to be a big deal. However, the content of the Mannheim Local Division’s judgment in Panasonic v Oppo, which was made public last Friday, means it is likely to be even more consequential. In their decision, the judges went into detail about several important FRAND-related issues, including the observation that SEPs are not second-class rights, they are ones that should be fully enforceable via injunctions. If this becomes an established UPC principle, it may well put the court in conflict with strains of thought inside the European Commission.
Talking of the Commission, it published a summary document stating that the Technology Transfer Block Exemption Regulation, which is due to expire in its current form in April 2026, has been an overall success. Across the Atlantic, meanwhile, reform of the PTAB moved closer when the Senate Judiciary Committee voted to send the PREVAIL Act to the full chamber for consideration.
On Sisvel Insights, we published an overview of some of the key takeaways from our recent SEP Licensing and Policy Conference, including the message that more unites technology originators and implementers than divides them and a plea for SEP licensors to get more politically aware.
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 Mannheim Local Division issued the UPC’s first FRAND decision, finding in favour of plaintiff Panasonic and against Oppo.
Full decision (in German): Entscheidung des Gerichts erster Instanz des Einheitlichen Patentgerichts
In the latest development in the long-running SEP dispute between Ericsson and Lenovo, the latter failed to secure an interim licence from the former following a ruling by the High Court in London. UK court denies Lenovo interim license in Ericsson dispute, partly dissuaded by ITC staff’s FRAND opinion, but doesn’t draw clear line – ip fray
The US Supreme Court once againdeclined to hear a case relating to patent validity. US Supreme Court rejects appeal over patent validity in Postal Service case | Reuters
Market
NTT joined the Vectis patent pool covering the Opus interactive speech and audio codec. NTT Joins Vectis Opus Patent Pool | Vectis - Building IP Solutions for the Future
IP management and solutions company Anaqua was acquired by private equity investor Nordic Capital. Anaqua to be acquired by Nordic Capital, a leading
Policy & Opinion
The European Commission published a staff working document summarising its evaluation of the Technology Transfer Block Exemption Regulation, with the overall message being the regulation has been a success. TTBER Review
The US Senate Judiciary Committee voted to send the Prevail Act – which proposes major PTAB reform – to the full Senate for consideration. Senators Coons, Tillis celebrate bipartisan passage of their PREVAIL Act by the Senate Judiciary Committee
Lobbying group US Inventor came out strongly against the rumoured consideration of Intel’s Vishal Amin as the next head of the USPTO. USI STATEMENT VISHAL AMIN – US Inventor
Given the stated agenda of the next Trump Administration, the appointment of a USPTO Director with a Big Tech background is unlikely. As Trump Administration Takes Shape, a Big Tech Pick for USPTO Seems Far-Fetched
Agentic systems heighten the case for having common protocols and standards-driven technologies in AI to support interoperability and efficient product development. Standards for Agentic Systems
The USPTO has announced a series of fee hikes that will come into force on 19th January 2025. Setting and Adjusting Patent Fees During Fiscal Year 2025
Strategy & Analysis
Important insights were shared by market leaders at the Sisvel SEP Licensing and Policy conference held in Barcelona on 13th November. Sisvel | Four takeaways from Sisvel Connect Barcelona 2024
“Most of the deals we have concluded with partners are through amicable negotiation, and even when there are litigations involved in such deals, we still tend to carry on communication with the other party,” says Xiaomi IP head Ran Xu. A conversation with Xiaomi’s ‘badass negotiator’ - IAM 🔒
Patent pools were a major subject of conversation at IPBC Asia, which took place in Tokyo last week. Jacob Schindler | LinkedIn
A new Adeia e-commerce programme has its first licensee and the San Jose firm is actively seeking to add dozens more to that number. Adeia’s new e-commerce licensing programme targeting 90 potential licensees - IAM🔒
The Beijing IP Court has seen a significant drop in cases, according to recently released statistics. Beijing IP Court Releases White Paper on the Judicial Work of the Past Ten Years - Civil Litigation Has Dropped 31% in 2024 - China IP Law Update
