Chinese, English courts diverge on ZTE/Samsung FRAND rate; Sisvel makes Ultra Ethernet patent call; UK Supreme Court hears key Tesla patent pool case; InterDigital steams ahead; 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.
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Last week saw a string of major developments in the multi-jurisdictional dispute between ZTE and Samsung relating to the renewal of a cross-licensing agreement. Most notably, within 24 hours, courts in London and Chongqing issued FRAND rate decisions on the amount that Samsung should pay ZTE to balance the deal and came up with figures that were over $300 million apart. Interestingly, the Chinese ruling seems to sit comfortably within the parameters of judgments issued by other non-UK courts (including two in Germany), thus making the English High Court decision the outlier. Both rulings can be appealed, so nothing is set in stone – and the case may settle in the meantime – but this is a dispute to which the entire SEP/FRAND world will be paying a lot of attention.
Elsewhere, Sisvel made a call for patents for the potential creation of a pool covering Ultra Ethernet technology. Sisvel has developed a string of successful communications-related programmes – from DVB-T2 through Wi-Fi to, most recently, the Point of Sale (POS) pool, which launched at the start of April – so one in the Ultra Ethernet domain would be a natural progression. In other news, the UK Supreme Court has heard evidence in a closely watched suit that has the right of the courts to set FRAND rates for patent pools at its heart; while InterDigital announced a set of positive results for Q1 of its 2026 financial year.
Please note that the 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 flagging.
Market
Sisvel has announced a call for patents relating to Ultra Ethernet technology for a proposed pool addressing the next-generation wired networking architecture. Read more (Sisvel Newsroom). See also ip fray
Q1 financials released by InterDigital show how efficiently the company is converting licensing income into bottom-line profit. Read more (InterDigital Investor Relations). See also IAM 🔒
It has been revealed in arguments before the UK Supreme Court that Huawei has a bilateral 5G SEP deal in place with Tesla. Read more (ip fray)
NEC and KPN have been announced as new licensors under the Sisvel POS patent pool. Read more (NEC announcement | KPN announcement)
Legal
The Chongqing Intermediate People’s Court has ruled that a ZTE royalty demand to Samsung of $731 million to cover the balance of a six-year cross-licence deal is FRAND. Read more (ip fray)
Justice Richard Meade of the High Court of Justice for England and Wales has ruled that Samsung should pay ZTE $392 million for the renewal of a cross-licence agreement. Read more (judiciary.uk). See also ip fray and Bristows Inquisitive Minds
In Samsung v ZTE, the Frankfurt Regional Court has clarified the requirements for an implementer to proactively sue an SEP holder for the conclusion of a licence agreement. Read more (CMS Legal Bulletin)
The UK Supreme Court has heard arguments in the closely watched Tesla v Avanci and InterDigital case. Read more (UK Supreme Court). See also Law360 (1) 🔒, Law360 (2) 🔒, ip fray and MLex 🔒
Policy & Opinion
Chinese IP policymakers appear to want more SEP disputes to be resolved through administrative proceedings rather than litigation. Read more (ip fray) 🔒
InterDigital has become the latest to join Sisvel and other SEP holders in making the WIPO Mediation Pledge to IoT SMEs. Read more (InterDigital LinkedIn)
Google has asked the US Supreme Court to hear a challenge to the USPTO’s settled expectations policy limiting validity challenges. Read more (Reuters)
Based on its dual role as a licensor and licensee, Ericsson has developed a balanced view of FRAND that has been endorsed by courts. Read more (Ericsson)
Strategy & Analysis
Jurisdictional tugs-of-war in SEP disputes are leading many to rethink their licensing and litigation strategies. Read more (IAM) 🔒
Market values for patent portfolios have undergone a reset due to declining invalidation risk in the US and injunction availability in Europe. Read more (IAM) 🔒
