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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Another week, another major SEP-related decision in the UK. This time, though, the implementer was on the losing side. In a 2-1 decision (with Lord Justice Arnold dissenting), the English Court of Appeal ruled against Tesla in deciding that courts in the UK could not set a global FRAND royalty rate for the Avanci 5G auto programme because they lack the jurisdiction to do so. Across the Atlantic, meanwhile, the US Court of Appeals for the Ninth Circuit confirmed a lower court ruling that Qualcomm’s policy of tying chip sales to SEP licences does not violate California competition law.  

Elsewhere, InterDigital reported it had signed a new deal with an unnamed Chinese smartphone manufacturer and upgraded its Q1 financial outlook. Sisvel had a major announcement too: the appointment of Dr Matteo Sabattini as the firm’s Government Affairs Executive Adviser. His brief is to educate policy makers about how Sisvel pools deliver efficient, market-driven licensing solutions and to ensure Sisvel’s voice is heard on patent-related policy initiatives. With a deep understanding of the technology and IP interface and detailed knowledge of policy issues worldwide, Matteo is perfectly placed to take on this crucial role.   

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  

Sisvel appointed Matteo Sabattini to guide its policy and advocacy efforts as Government Affairs Executive Adviser. Sisvel | Top IP strategist returns to Sisvel to take up key policy role 

InterDigital reached a licence with an unnamed Chinese smartphone vendor and raised its Q1 outlook by $40 million. InterDigital - Press Release 

Legal 

In a 2-1 decision, the UK Court of Appeal declined to rule on FRAND patent pool terms for Avanci’s 5G Vehicle programme, holding that the US company is not burdened by patentees’ ETSI obligations. Full Judgment – Court of Appeal | Analysis - ip fray | Analysis – IAM 🔒 | Analysis - MLex 🔒 

The US Court of Appeals for the Ninth Circuit ruled that Qualcomm’s ‘no licence, no chips’ policy does not violate California competition law. Qualcomm’s ‘no licence, no chips’ policy survives US consumers’ challenge - IAM 🔒 

Ericsson will ask the UK Supreme Court to re-consider a lower court’s decision to grant Lenovo an interim licence. ip fray | LinkedIn  

Xiaomi is entitled to US discovery of ZTE’s negotiations with a monetisation firm, a Texas judge held. Xiaomi entitled to unredacted ZTE patent assignment, negotiation docs, in US | MLex 🔒 

Policy & Opinion 

The EU SEP regulation is merely on “timeout”, according to DG GROW’s IP deputy director. ‘SEPs are life’ but finite resources, geopolitical circumstances put proposed EU SEP Regulation on ‘timeout’: European Commission’s Kamil Kiljański – ip fray 

LNGs create risk of organised delay, hold-out, and coordinated action to reduce royalties said Ericsson IPR policy head Patrick Hofkens at an event in Poland. ‘I fail to understand why Licensing Negotiation Groups are needed’: Avanci, Ericsson question why LNGs should intervene in SEP licensing – ip fray 

The Federal Circuit’s current approach to prosecution laches means that issues with USPTO examiner staffing could prove disastrous for US patent value. Patent System in Crisis: Backlogs, Examiner Layoffs and Judicial Overreach 

An advisor to the Chinese government touted the country’s SEP antitrust guidelines as a model of balance. Chinese cabinet advisor highlights balanced approach in SEP antitrust guidelines | MLex 🔒 

Strategy & Analysis 

Having filed simultaneous antitrust complaints in three different countries, Samsung Electronics is pursuing an unusual defence strategy in its dispute with ZTE. Samsung uses brute-force FRAND strategy: parallel antitrust/contract lawsuits against ZTE in U.S., UK, Germany – ip fray 

FRAND licensing needs industry leadership and room for flexibility, not blanket solutions from courts or regulators.  It’s time to ask: Quo Vadis FRAND? - IAM 🔒