UK rejects FRAND injunction changes; Indian court's unwilling licensee ruling; Why LNGs are problematic; Via expands video pool; Smartphone sales set to rise; and 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
The UK's decsion to leave the European Union means it would not be subject to the proposed SEP licensing regulation should it become law. In a revealing interview this week, a senior official at the UK IP Office detailed the evidence-led approach being taken to possible reform of the country's current FRAND regime and explained why government ministers have ruled out changes to the injunction status quo.
Elsewhere, Sisvel president Mattia Fogliacco argued that licensing negotiation groups are no solution to dealmaking complexities, while the full judgment in India's biggest ever FRAND/SEP case was published.
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 full judgment of the Delhi High Court in the Ericsson v Lava FRAND/SEP case has been published. The judge ruled that Lava was an unwilling licensee that engaged in hold-out and awarded a royalty of $1.05 per device to Ericsson. However, there were no enhanced damages to “punish” Lava’s behaviour. Ericsson wins landmark FRAND decision in India – but it’s not all good news for SEP owners - IAM (iam-media.com) (Paywall)
A federal court in California rebuffed the latest challenge to the PTAB’s NHK-Fintiv rule, which gives the USPTO broader discretion to deny institution of IPRs. A handful of Silicon Valley companies had argued that the USPTO improperly adopted the rule without a public notice and comment period. Apple, Google again lose lawsuit challenging US patent-review policy | Reuters
In Advanced Codec Technologies v OPPO, China's Supreme People's Court provided guidelines on issues such as the determination of SEP infringement, setting of licensing rates, assessing degrees of fault between parties and calculating compensation for SEP infringement. Chinese Standard Essential Patents Licensing Negotiations and Dispute Resolution in Practice (pymnts.com)
Market
After shrinking in 2023, global smartphone shipments are set to grow by 3% in 2024 according to Counterpoint Research. Apple and Huawei are poised to drive 17% year-on-year growth in the $600-$800 premium segment, while the $150-$250 budget-economy category will see double-digit gains fuelled by a rebound for Chinese brands in emerging markets. Global Smartphone Shipments to See Modest Rebound in 2024 (counterpointresearch.com)
Lenovo acquired 117 US patents from an affiliate of Fujitsu, including 67 rights related to 3G and LTE standards, according to recently recorded USPTO assignments highlighted by InQuartik’s Patentcloud service. Patentcloud - Weekly Patent Market Pulse: USTPO Assignments from Mar 25, 2024 to Mar 31, 2024
Via Licensing Alliance has expanded its HEVC patent pool to include rights reading on VVC technology. TCL has become a joint licensor-licensee of this new offering. Via LA expands video codec pool to HEVC and VVC - IAM (iam-media.com) (Paywall)
Policy
UK government ministers have ruled out any changes to the country's current SEP/FRAND injunction regime but there will be a consultation on other potential regulatory reforms later in the year, the UK IP Office's Business and International Policy Director has said. The SEP landscape faces challenges, says UKIPO’s international policy director - IAM (iam-media.com) (Paywall)
WIPO has published a three-year strategic plan that explains how it will serve as a global platform for discussion, enhance transparency, be a hub of knowledge and data, and provide meaningful services in the SEP area. WIPO Strategy on Standard Essential Patents 2024-2026
Opinion and analysis
There are increasing calls for the creation of licensing negotiation groups (LNGs) to facilitate the dissemination of world class technology. However, the reality is they would do no such thing. A better way forward is to look at other syndicated options already delivering positive results. Sisvel | The problem with LNGs
Smart meter manufacturers should work with SEP holders to agree on fees before roll outs. If they wait until later, they face a more challenging negotiation position when patent owners knock on the door. Telecommunication SEP and FRAND term impacts on smart metering - Wirepas
It is becoming increasingly popular to use the "approval" of companies' technical contributions (tdoc) to 3GPP as an indicator of technological leadership. However, comprehensive data analysis and detailed case study, shows that such use of tdoc status information is often incorrect. Publications – BRELA (brela-research.com) (Free registration required)
