The case for patent pools; Vidal to step down; Xiaomi’s FRAND approach; US patent legislation stalls; 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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Last week was a busy one for team Sisvel. We hosted Sisvel Connect 2024 in Barcelona, combining patent owner meetings for our licensing programmes with a one-day conference on SEP policy and strategy. Stay tuned for further reflections on all that took place. Coinciding with the event, we published our three-part manifesto on what makes Sisvel patent pools so great – not just for our patent owners, but also for implementers, consumers and the technology ecosystem as a whole. 

In the policy world, USPTO director Kathi Vidal announced she will be leaving her post in December, adding urgency to the speculation over who President Trump will nominate to fill the role. Meanwhile, the committee markup of two closely-watch patent reform bills in the US Senate was postponed. Other interesting reads from the FRAND world include an article from Xiaomi on how it approaches the commercial phase of licensing discussions. 

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 

Dolby and Philips, two members of Via LA’s AVC patent pool, launched US litigation against BLU Products. Philips joins Dolby in Via LA enforcement campaign against BLU Products over AVC/H.264 as Chinese low-cost ODMs lack license – ip fray 

Ericsson failed to secure an import ban against Lenovo in the first of three ITC investigations it has filed, this one dealing with non-essential patents. Lenovo avoids U.S. import ban over two Ericsson non-SEPs (for now): initial determination by ITC judge – ip fray 

A UPC Court of Appeal decision creates the possibility for more patent owners to withdraw UPC opt-outs and pursue litigation. UPC’s Court of Appeal opens door to more cases: opt-out can be withdrawn even if pre-UPC national lawsuit over same patent is still pending – ip fray 

Market  

SOLiD joined Avanci’s 5G Vehicle and EV Charger programmes as a licensor. Avanci | LinkedIn post  

krauth technology GmbH and SYSTEMTECHNIK GmbH were announced as licensees of Avanci Aftermarket. Avanci | LinkedIn post  

Four EU countries – Denmark, the Netherlands, Malta, and Cyprus – have achieved 100% 5G coverage of households, according to recent research into 5G in Europe. 5G in Europe: Which countries enjoy the strongest mobile networks and fastest speeds? | Euronews 

Policy & Opinion 

We published a three-part series explaining how Sisvel patent pools benefit everyone, from implementers to patent owners to the overall innovation environment. 

Part I: Licensees | Part II: Licensors | Part III: The Broader Ecosystem 

Following the US Presidential election, USPTO Director Kathi Vidal will depart the office in the second week of December. Current Deputy Director Derrick Brent will step up to replace her on an acting basis. Kathi Vidal | LinkedIn post 

Proposed legislation to reform the PTAB and override the Alice and Mayo Supreme Court decisions failed to make it out of the Senate Judiciary Committee after the bills’ authors asked for more time to tweak them. IDEA Act Moves Forward While Fate of PERA and PREVAIL Seems Uncertain 

Courts should step extremely carefully when asked to set royalty rates for pools that have achieved market acceptance. Is it a good idea for courts to determine patent pool rates even if a pool has already achieved market acceptance? – ip fray  

Strategy & Analysis 

Licensing team members explain Xiaomi’s approach to FRAND negotiations during the commercial discussions phase. SEP/FRAND Hub 2024/2025 - IAM 

The Federal Circuit’s recent decision interpreting the ETSI IPR Licensing Declaration has muddied the waters, Harfang IP executives say. Shooting from the Hip: The CAFC’S Sua Sponte Interpretation of ETSI’s IPR Licensing Declaration 

Patrik Hammarén discussed his priorities in his new role as acting head of Nokia Technologies in an interview  Interview with Nokia Technologies Acting President Patrik Hammarén: the key is to focus and play to win – ip fray 

A deep dive into Intellectual Discovery’s Wireless Alliance 4G/5G campaign Ericsson, Nokia settle case for indemnified cell providers - IAM 🔒