UPC judge blasts EU regulation; China FRAND guidance; Indian SEP licensing plan; Huawei’s German Wi-Fi 6 win; and 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.
Last week was highlighted by IPBC Europe in Munich, where Sisvel was a platinum sponsor. The conference generated headlines as top officials from both the UPC and EPO criticised the EU’s pending SEP regulation. We’ll publish an overview of the event later in the week. Look out, too, for an update on fast-paced developments relating to our Wi-Fi 6 pool.
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 redacted judgment of the Munich I Regional Court in Huawei’s recently settled litigation against Amazon shows that the Chinese company’s licensing offers, which included the offer of a pool licence through the Sisvel Wi-Fi 6 licensing programme, were deemed FRAND-compliant. Redacted judgment shows Huawei overcomplied with its FRAND licensing obligation in (settled) Amazon dispute – ip fray
In a decision handed down in December 2023, in which it ruled that Oppo had infringed six SEPs reading on AMR-WB technology, China’s Supreme People’s Court established a royalty rate and set out guidance that SEPs holders and implementers should follow when negotiating licences in China. China’s Supreme People Court decides FRAND dispute in ACT v Oppo - Kluwer Patent Blog (kluweriplaw.com)
Various cases relating to the ongoing and high-profile dispute between VLSI and Intel could set important precedents on the interpretation and enforceability of "licensing by acquisition" provisions in US courts. This may have important implications for both patent licensing strategies and IP due diligence in corporate transactions. Licensing by Acquisition: The High-Stakes Dispute Over Whether Intel is Licensed to VLSI's Patents (patentlyo.com)
Pantech Corp has launched fresh legal action against OnePlus Technology in the US District Court for the Eastern District of Texas. The new lawsuit accuses OnePlus of infringing eight patents, including LTE and 5G-related standard essential patents. Pantech sues OnePlus again over cellular SEPs - IAM (iam-media.com) [Paywall]
Market
The continuous growth of the Sisvel Cellular IoT patent pool over the last year shows that patent owners from across the cellular ecosystem are coalescing around a model for NB-IoT and LTE-M patent licensing which aims to accelerate the wider adoption of these technologies. Sisvel | Sisvel Cellular IoT patent pool gaining broad industry buy-in
NXP will pay RFID maker Impinj a $45 million lump sum plus annual royalties of $15 million under a cross-licence deal which ends multiple US district court lawsuits. The dispute and the deal highlight increased patent risks in the IoT space. Impinj collects $45 million plus annual royalties from NXP in patent cross-licence pact - IAM (iam-media.com) [Paywall]
The European Patent Office has issued its 2023 Patent Index. There was an overall 2.9% rise in applications last year, with the Digital Communication field seeing an 8.6% increase. The top five applicants were, in order: Huawei, Samsung, LG, Qualcomm and Ericsson. Patent Index 2023 | Epo.org
Senior IP leaders representing technology developers and implementers in connectivity and mobility attended a special Sisvel-organised think tank meeting in Barcelona at the end of February to discuss how to improve patent transaction efficiency. Sisvel | Patent dealmaking tops agenda at groundbreaking Sisvel event
Policy
Speaking at IPBC Europe in Munich, senior UPC judge Rian Kalden criticised the proposed EU SEP licensing regulation, labelling it the wrong proposal at the wrong point in time. What is most disturbing, Kalden stated, is that it seems European policy makers do not believe judges are capable of handling SEP cases. BREAKING: UPC appeal court judge blasts proposed SEP regulation - IAM (iam-media.com) [Paywall]
According to the New York Times, Apple has stepped up its lobbying efforts to rewrite the rules governing ITC patent investigations. The Washington D.C. influence campaign follows an ITC decision which forced the company to remove an electrocardiogram feature from the Apple Watch. Apple Steps Up Its Lobbying to Change Patent Rules - The New York Times (nytimes.com) [Paywall]
The Indian government is exploring the idea of developing a roadmap to promote IP in the telecoms sector. The plans include the creation of a sovereign patent fund, an Indian technology ‘bank’ and a management board that would facilitate licensing agreements between SEP owners and SMEs. India mulls interventionist sovereign patent fund plans - IAM (iam-media.com) [Paywall]
Missed last week’s round-up? Click here: Sisvel | Nokia sues Verifone; EDTX FRAND damages retrial; Why patent pools rock; the VVC surge and plenty more besides
