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 Wednesday, the European Patent Office published a new study entitled "Standards and the European Patent System". It's a major work that underlines the depth of SEP-related expertise that exists at the office and its ability to pull together an immense range of SEP-related data points. It certainly begs the question of why you would want to build something from scratch, as the proposed SEP regulation envisages doing at the EUIPO, when the EPO already has the skill sets and the access to information it has.  

The paper notes that the standards system seems to be working. “Potential contributors have not been systematically discouraged from participating in standard development,” it states, “nor have implementers been deterred from developing products based on standards involving potential SEPs." It then goes on to observe: “Continued efforts are needed to ensure a balanced, transparent, and predictable relationship between the patent and standardisation systems to support innovation and strengthen European competitiveness." All good faith actors will want that. The issue is the balance and where it lies.  

Part of achieving balance is understanding the litigation state of play. Reading some commentaries and analyses, you'd think the continent's courts are overwhelmed by FRAND/SEP cases. But no, disputes are very much the exception to the rule, the paper states: for every 100 licences involving major SEP licensors and patent pools, there are just five litigations. With the European Council set to discuss the future of the SEP regulation later this week, such data points are immensely valuable. 

Elsewhere, the Chinese patent office and other government agencies released “Guidelines for the Construction and Operation of Patent Pools” and Sisvel announced that former SK Telecom senior executive Injoon Song will run the firm’s business in South Korea. This is a big name hire that demonstrates the importance of both the Korean market and Sisvel’s commitment to it. 

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  

Injoon Song, a senior licensing executive who most recently led monetisation projects for SK Telecom, will run Sisvel’s operations in South Korea. Sisvel | Top licensing executive to lead Sisvel in South Korea  

Legal 

The ITC will investigate a complaint accusing Acer, Asus and Hisense of infringing Nokia video patents. ITC To Probe Nokia Patent Claims Against Acer And Others - Law360 🔒 

InterDigital asked a California court to deny an injunction sought by Disney to halt the R&D firm’s patent lawsuit in Brazil. InterDigital Fights Disney's Injunction Bid In Patent Feud - Law360 🔒 

Members of the jury pool in the top US districts for patent litigation view Silicon Valley in a positive light but are receptive to the idea that Big Tech steals ideas from smaller companies. Potential Jurors In IP Hot Spots Hold Mixed Views On Big Tech - Law360 🔒 

Policy & Opinion 

China’s patent office published patent pool guidelines covering programme formation and administration. China's National Intellectual Property Administration Releases Guidelines for the Construction and Operation of Patent Pools - China IP Law Update 

The EU Competitiveness Council will discuss the SEP regulation during a meeting scheduled for 22 May. Wouter Pors - LinkedIn post  

The industry group representing EU automakers joined calls to resurrect the SEP regulation. EU car industry asks ministers to preserve SEP regulation | MLex 🔒 

Strategy & Analysis 

The EPO published a major study leveraging its extensive prior art database to show a clear link between standards and patents. ​​Technology standards and patents for Europe’s digital future​ | epo.org 

GreyB published a report on Wi-Fi 7 SEPs confirming Huawei is among the leading patent owners in the space. WiFi-7 SEP: Key Technologies, Market Leaders & Global Hotspot - GreyB 

Connected device shipments have been strong as vendors seek to get ahead of tariffs, but analysts worry trade tensions could hit consumer confidence. Sisvel | Connected device supply chain braces for tariff impact