Japan’s first SEP injunction; US government challenges eBay rules; ZTE ignores UK interim licence declaration; InterDigital head’s “engineering mindset”; 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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On 23rd June, the Tokyo District Court issued what is thought to be Japan's first-ever injunction in a FRAND-related case. It involves 4G LTE SEPs held by Pantech and asserted against Google. The judgment is provisionally enforceable upon payment by Pantech of a JPY10m ($67,500) security deposit and covers Google Pixel 7 devices. The US company has just over a month to appeal.
This decision is potentially a very big development in the FRAND/SEP world. However, details around the case are currently quite limited and people will want to learn a lot more about those before making any definitive calls. Should Japan become a viable enforcement option for SEP holders, though, it would be something of a gamechanger.
Another big gamechanger would be the return of injunctions for successful plaintiffs in US patent cases. These have been almost impossible to secure since the Supreme Court’s eBay v MercExchange decision in 2006. However, an amicus brief filed last week by the Department of Justice and USPTO in an Eastern District of Texas lawsuit indicates the Trump Administration believes it is time for change.
Elsewhere, among other things, another interim licence declaration was made by a UK court, to no real effect; while a former senior executive at InterDigital provided insights on how the licensing and R&D firm works internally under the leadership of CEO Liren Chen.
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
The engineering mindset of InterDigital CEO Liren Chen has changed the structure of the company in a positive way, says former senior executive Jim Harlan. Former InterDigital licensing executive on industry change and championing the innovator voice - IAM 🔒
Celerity IP, which licences patents belonging to Asus and its affiliates, brought new UPC infringement cases against Xiaomi and Oppo. Xiaomi, Oppo sued at UPC as Celerity IP expands enforcement campaign - IAM 🔒
As of May, the number of active invention patents in China stood at 4.97 million. IP regulator enhances steps to help Chinese companies going global - Chinadaily.com.cn
Legal
In an unprecedented ruling in Japan, the Tokyo District Court issued a SEP injunction against Google Pixel 7 devices over infringement of a Pantech patent.
Analysis from Sisvel Japan Managing Director Yoshinori Shimizu: Sisvel | Tokyo District Court grants first SEP injunction in Japan
Analysis from Japan SEP Study Group Chairperson Toshifumi Futamata: Two recent SEP rulings from the Tokyo District Court | LinkedIn
The High Court of England and Wales has issued a declaration stating that ZTE should grant an interim licence to Samsung. ZTE has indicated it will not do this.
Report on the decision: Samsung wins interim licence in UK patent fight with ZTE | Reuters
ZTE’s response: Samsung fails to end ZTE patent dispute with UK interim license – ip fray
Asus obtained a favourable decision from the ITC in its dispute with Lenovo, which spans 5G SEPs and other patents. ITC sides with ASUSTeK in wireless communications patent infringement dispute against Lenovo – ip fray
Policy & Opinion
The US Department of Justice and the USPTO filed a ‘statement of interest’ in an Eastern District of Texas patent dispute arguing that patent plaintiffs, including NPEs, in many cases face irreparable harm from infringement. U.S. Government’s Intervention in Patent Case Signals Good News for Patent Owners Seeking Injunctions
Dina Kallay, a senior official in the US Department of Justice Antitrust Division, has publicly criticised SDO policies that drive negative FRAND declarations as well as closed standards that misrepresent themselves as ‘royalty-free’. US antitrust division staffer voices pro-innovator concerns about FRAND - IAM 🔒
US Senator Thom Tillis, a key sponsor of patent reform legislation including PERA and the PREVAIL Act, will not seek re-election next year. Following Trump attacks, Republican Senator Tillis bows out of 2026 reelection race | Reuters
The European Commission has issued a call for evidence in advance of planned revisions to the Standardisation Regulation. European Commission - Standardisation Regulation revision
Strategy & Analysis
Big corporations and lobbying organisations misleadingly portray SEP issues as a major concern for SMEs while advancing an agenda that primarily helps large tech companies. SMEwashing plagues SEP/FRAND advocacy | ip fray
Recent actions by the Trump Administration indicate strong support for advancing the rights of patent holders. Strong Trump Support For Patent Rights Could Promote U.S. Innovation - Forbes