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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For the first time, two of Europe’s top FRAND litigation forums have taken steps to restrain the use of UK interim licence proceedings by a major SEP implementer. In separate rulings obtained by patent owner InterDigital, the UPC’s Mannheim Local Division and the 21^st Chamber of the Munich I Regional Court recently ordered Amazon not to pursue certain remedies in a pending action at the English High Court – including an interim licence that would extend to patents under the respective courts’ jurisdictions.

Amazon filed a UK rate-setting proceeding in late August amidst a dispute between the two companies over video codec SEPs. The dual injunctions follow a series of high-profile interim licence decisions from both the High Court and Court of Appeal in London. The UPC’s order stresses its role in enforcing EU competition law with respect to the licensing of SEPs under its jurisdiction, while the Munich decision held that an interim licence would infringe on InterDigital’s property rights as a patent owner under German law.

In other news, Makan Delrahim starts his new in-house role as Chief Legal Officer at Paramount today. It is an appointment announced 10 days ago. As head of the DoJ Antitrust Division from 2017 to 2021, his “New Madison Approach” to SEP licensing issues was warmly welcomed by rights holders; he now oversees all legal, regulatory, compliance and public policy matters for an entertainment giant that is facing litigation from at least one major SEP owner. Delrahim was recently appointed chair of the USPTO’s Patent Public Advisory Committee, confirming he still has a foot planted firmly in the IP space. The new role, though, is an expansive one. With a Paramount bid for Warner Brothers Discovery reportedly in the offing, he will be a very busy man.

Elsewhere, Sisvel Insights published an expert analysis of the recent FRAND guidance out of the Munich I Regional Court’s 7^th Civil Chamber with important takeaways for patent owners and implementers alike; and our founder Roberto Dini wrote in POLITICO that the rapid European embrace of licensing negotiation groups (LNGs) risks undermining efforts to spur innovation.

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

Makan Delrahim, who led the DoJ Antitrust Division during the first Trump term, began his tenure as Chief Legal Officer at Paramount. PARAMOUNT APPOINTS MAKAN DELRAHIM AS CHIEF LEGAL OFFICER | Paramount

Legal

InterDigital secured anti-interim licence injunctions against Amazon from both the Munich I Regional Court and the UPC, seeking to neutralise a UK FRAND action. InterDigital wins two 'anti-interim-licence' injunctions against Amazon - IAM 🔒

InterDigital moved to dismiss antitrust claims brought by Disney in connection with a dispute over video codec SEPs. InterDigital Wants Disney's Video Tech Antitrust Case Tossed - Law360 🔒

Nokia added cases in the UPC and Germany to a campaign against Paramount that already includes US and Brazilian suits. Nokia extends Paramount video patent battles to UPC and Germany - IAM 🔒

The High Court of Delhi denied a Nokia bid for tighter confidentiality requirements around terms of past SEP licences in a case involving Acer, Asus and Hisense. Nokia's demand for stricter SEP secrecy than UPC rules denied by Indian court | MLex🔒

Policy & Opinion

The EU’s draft Technology Transfer Guidelines (TTG) are right to reaffirm the role of patent pools, opines Roberto Dini in Politico, but the European Commission’s rush to approve LNGs risks destabilising the market. A patent licensing gamble that threatens Europe’s innovation future – POLITICO

Leading lights at WIPO’s recent SEP forum were near-unanimous in the view that robust and compliant patent pools solve many if not all the transparency and efficiency challenges in the licensing space. Sisvel | Patent pools are the means to simplify the FRAND world

The UKIPO has misdiagnosed the SEP market problems it seeks to address in a new consultation. How the UKIPO’s SEP Proposal Misunderstands the Real Problem - IPWatchdog.com

Strategy & Analysis

Sisvel published exclusive analysis on the recent FRAND guidance from the 7^th Chamber of the Munich I Regional Court, a rare glimpse into a key German SEP forum’s economic and legal reasoning. Sisvel | German court’s FRAND guidance strengthens SEP holders

Wireless-related patents were the most-transacted assets on the secondary market in Q2, according to AST. IBM was Q2’s top patent seller, while Samsung was most frequent buyer - IAM