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 brought confirmation that the UK Supreme Court has been asked to take up another major FRAND case. Apple has sought leave to appeal the Court of Appeal’s May ruling for Optis, which imposed a $502 million damages award on the Cupertino company. With interest added by the court, the total price tag would run to more than $700 million.

In a filing made on 11 August and reported by MLex last week, Apple has argued that the lower court wrongly based its award on a US verdict that has since been vacated. In June, the Court of Appeals for the Federal Circuit erased a $300 million damages award from the Eastern District of Texas over faulty jury instructions. The latest development in the English case potentially sets up another high-profile SEP clash before the UK’s highest court.

News also emerged that Dolby has requested a preliminary injunction against Roku at the Munich I Regional Court. According to ip fray, which broke the story, only in Brazil and Colombia have courts previously granted preliminary SEP injunctions. This proceeding will therefore be closely watched by the market.

Elsewhere, Nokia settled a dispute with a US-based TV company over video codec patents. There was also the release of a new report on US SEP litigation from LexisNexis Intellectual Property Solutions.

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.

Market

Nokia settled a dispute over video codec patentswith US-based Element TV, ending US district court litigation and two PTAB challenges. ip fray | LinkedIn post

Legal

Apple will ask the UK Supreme Court to overturn Optis’ $502 million damage award secured in May at the Court of Appeal. Apple takes Optis SEP dispute to UK Supreme Court | MLex 🔒

The Munich I Regional Court will consider a preliminary injunction requestfiled by Dolby against Roku. Dolby seeking SEP-based preliminary injunction against Roku as Munich I Regional Court outpaces UPC’s Munich LD by wide margin – ip fray

A senior German judge has stepped down from the UPC’s Mannheim Local Division to assume an appellate role in the German national court system. Judge Dr. Kircher resigns from Unified Patent Court’s Mannheim Local Division and is succeeded by Judge Sender – ip fray

Policy & Opinion

Commerce Secretary Howard Lutnick says the Trump administration is negotiating deals with universities that would give the US government ownership of patents resulting from federally funded research. Trump Admin Wants to Own Patents of New Inventions - Newsweek

In a move likely to trigger a legal battle, the Trump administration designated USPTO examiners as national security workers, rendering them ineligible for union representation. LinkedIn post | Nick Robertson

Strategy & Analysis

According to a new report from LexisNexis Intellectual Property Solutions, SEP assertions in US courts last year were split roughly 50-50 between operating companies and non-practicing entities. Patent assertion entities stay bullish on US SEP litigation, report shows | MLex 🔒

Despite a recent ruling against Roku, US courts do have the authority to set a FRAND rate at a licensee’s request in some cases, argue Timothy Syrett and Laura Powell of Wilmer Cutler Pickering Hale and Dorr Implementers shouldn’t read too much into Roku’s FRAND rate-setting suit dismissal - IAM🔒