The truth about ETSI’s IPR policy; Nokia gets Amazon German injunction; Top EU role for SEP reg critic; More details on Wilus W-Fi 6 suits emerge; 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
Summer is well and truly over. SEP/FRAND-related stories, analyses and data points are dropping thick and fast. Last week, Sisvel Insights looked at a paper recently written by former Philips chief IP office Ruud Peters on ETSI’s IPR policy. Peters, who sat on the institute's IP Committee from 1989 to 1994, was in the room when the policy was written. As Jacob Schindler reports, in his paper Peters details what its framers were setting out to do when they put the document together and rebuts what he sees as recent efforts to “rewrite the history” to support policy positions that would weaken the hand of SEP holders.
Elsewhere, a major boost for Nokia in its litigation against Amazon received wide coverage, with the Finnish company securing an injunction against its American opponent in Germany. Meanwhile, further details emerged about patent infringement lawsuits launched in the Eastern District of Texas by Sisvel Wi-Fi 6 pool member Wilus against Samsung, HP and Askey. There was also news that a vocal critic of the proposed EU SEP licensing regulation has been nominated for a very senior role inside the European Commission.
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
A court in Munich hit Amazon with a Germany-wide injunction covering streaming devices including the Fire TV Stick based on a SEP claim from Nokia. BREAKING: Nokia wins Germany-wide standard-essential patent injunction against Amazon video streaming devices like Fire TV Stick – ip fray
KPN brought a patent suit against Oppo at the UPC’s local division in The Hague. The case involves a declared cellular SEP. KPN files first SEP case at local division The Hague - JUVE Patent (juve-patent.com)
An ITC staff pleading in the dispute between Ericsson and Lenovo assessed that the Swedish company has negotiated in good faith and has not engaged in hold-up. Lenovo risks U.S. import ban over 4 SEPs as ITC staff sides with Ericsson on FRAND, reveals Lenovo’s exorbitant royalty demands – ip fray
Further details have been published regarding Wilus’ Wi-Fi 6 patent assertions against Samsung, HP and Askey in the Eastern District of Texas. Korean R&D innovator targets Samsung, HP and Askey over Wi-Fi 6 patents - IAM (iam-media.com) 🔒
Market
InterDigital is targeting $1 billion in annual recurring revenue by 2030. CEO Liren Chen also announced a new licensing programme in the video streaming and cloud services space at the company’s 2024 investor day. InterDigital Investor Day Presentation 2024
Qualcomm is reported to have approached Intel in recent days about the possibility of a “friendly deal” to take over the company. Qualcomm approached Intel about takeover bid in recent days (ft.com) 🔒
Adeia renewed its multi-year licence agreement with LG Electronics covering its portfolio of digital video, content discovery and smart home IP. Adeia and LG Electronics Renew Media IP License Agreement | Adeia Inc.
Policy
Henna Virkkunen, a vocal critic of the EU SEP licensing regulation, is poised to get a top European Commission post overseeing Tech Sovereignty, Security and Democracy. SEP regulation opponent gets a top EU job following shock Thierry Breton departure - IAM (iam-media.com) 🔒
US Senator Thom Tillis plans to bring three pending patent reform bills – the PREVAIL Act, PERA and the IDEA Act – for debate and mark-up in the full Judiciary Committee. Senate Judiciary Committee will soon vote on three critical US patent policy bills - IAM (iam-media.com) 🔒
Analysis/Opinion
Former Philips CIPO Ruud Peters gives a first-hand account of the creation of the ETSI IPR policy in 1994, refuting attempts to rewrite the history through a patent-sceptical lens. Sisvel | The truth about the creation of the ETSI IPR policy
Assessing aggregate royalty rates and proportionality, as envisaged by the proposed EU SEP regulation, is much easier said than done. What should the number be? A thought experiment for EUIPO conciliators. | LinkedIn
Philips’ UPC-first SEP injunction featured atypical circumstances which leave plenty of open questions about the court’s FRAND approach. UPC’s first ever SEP-based injunction highlights court’s effectiveness as an enforcement tool - IAM (iam-media.com) 🔒
The proliferation of 5G use cases could drive more licensing solutions based on pools and aggregation. Recent developments in 5G SEP litigation reveal lessons for future US litigants - IAM (iam-media.com)
The European Commission’s amicus intervention in a recent Munich Higher Regional Court case is difficult to reconcile with its advocacy for a new SEP regulation, some have suggested. European Commission’s attack on German FRAND case law highlights need for clarity: IAM SEP Summit - IAM (iam-media.com) 🔒
At a series of recent events in Beijing, IP leaders from all sides of the industry weighed in on the finer points of patent pool practices. Sisvel | Patent pools in China: getting the details right
