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 a bombshell ruling last week, the Court of Appeals of England and Wales ruled that by seeking injunctive relief against Lenovo in several jurisdictions, Ericsson was in breach of its good faith obligations as an SEP licensor to offer the Chinese company an interim licence after it had stated it would accept a global FRAND royalty determination issued by an English court. The decision may well be the subject of a UK Supreme Court appeal but, as things stand, it has sent a jolt through the global SEP licensing market, in particular because Ericsson had never requested a FRAND determination in the UK.

The decision from London was not the only major development last week. On Friday, the USPTO announced it was rescinding the 2022 guidance issued by the agency’s former Director, Kathi Vidal, on how to deal with discretionary denials of IPR petitions. The office will now return to the practices introduced by Andrei Iancu in 2020 which had led to an uptick in denials relating to patents that were subject to parallel US district court litigation.

Elsewhere, an informal vote at a meeting convened by the Polish presidency of the European Council indicated that EU member states are split on whether the Commission should have announced the withdrawal of the SEP regulation; while a bipartisan group of US Senators reintroduced legislation aimed at overriding the Supreme Court’s eBay judgment on injunctive relief.

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 English Court of Appeal ruled that Ericsson breached its obligations as an SEP licensor by seeking injunctions against Lenovo in several jurisdictions despite the Chinese company undertaking to take a licence on FRAND terms determined by an English court.

• Judgment: 2025 EWCA Civ 182

• Coverage: Reuters | IAM🔒| ip fray

• Analysis: Bird & Bird | Bristows

The ECJ confirmed EU national courts’ long-arm reach in patent cases, holding that they can make infringement, damages and injunction rulings on non-EU patents against a defendant domiciled within their jurisdiction. ip fray | JUVE Patent

A five-day hearing between Optis and Apple kicked off in the English Court of Appeal. MLex 🔒 | IAM 🔒 | ip fray

Facing German infringement actions from Huawei, HMD Global is seeking to uncover the terms of the 2019 SEP deal between the Chinese company and Samsung through US discovery. HMD Global launches bid for US discovery of Samsung, Huawei SEP settlement | MLex 🔒

Samsung filed an antitrust suit against ZTE in California’s Northern District, claiming the Chinese company had breached contractual undertakings to offer it an SEP licence on FRAND terms. IAM 🔒 | MLex 🔒

Policy & Opinion

The USPTO has rescinded the 2022 memorandum issued by former director Kathi Vidal that limited discretionary denials of IPR petitions. USPTO Rescinds 2022 Guidance on Discretionary Denials

A vote held last Thursday indicates EU member states are split on whether to support the European Commission’s decision to withdraw the SEP regulation. EU Commission gets support from 10 Member States for withdrawal of proposed SEP Regulation – ip fray

US Senators Chris Coons and Tom Cotton reintroduced the RESTORE Act, which would supersede the Supreme Court’s eBay ruling on patent injunctions. Senator Coons, colleagues introduce bipartisan, bicameral bill to restore injunctive relief for patent infringement

A German MEP from the Christian Democratic Union called on her party to focus on strengthening IP rights as it prepares to form a new government. New German government must leverage IP for economic growth: EU lawmaker | MLex 🔒

Market

FormerNetlist licensing VP Eric Lucas joined VideoLabs as president and chief revenue officer. VideoLabs - Press Release | IAM interview 🔒

Avanci has secured at least one automotive licensee in China but faces resistance from Chinese industry groups over terms that the rest of the world has accepted. Chinese automotive industry associations ‘encouraging Chinese automakers not to take a license from Avanci’ – ip fray

Qualcomm launched a website promoting its vision for 6G technology. 6G: The Future of Mobile Connectivity & Wireless Tech | Qualcomm

Strategy & Analysis

With rumours swirling over further personnel cuts and an examination overhaul at the USPTO, whoever is tapped for the director job will have a huge challenge on their hands. New USPTO director could be the most consequential in its history - IAM 🔒

A wealth of patent value creation expertise has helped create a thriving innovation scene in South Korea encompassing universities, labs and companies big and small. Sisvel | Licensing fuels South Korea's diverse innovation ecosystem