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

**Click here to get this newsletter delivered directly to your inbox every Monday**

The Conference of Presidents – the body responsible for organising the European Parliament's work and agenda, which is composed of the leaders of each political group represented in the chamber – has decided not to oppose the Commission's proposed withdrawal of the SEP regulation. Given there is no majority among member states for the regulation's legislative path to continue, this strongly suggests that its termination will be confirmed in two months' time.

However, this would be unlikely to end EU interest in SEP/FRAND issues. Instead, withdrawal will create time for the UPC to develop a body of FRAND-related case law and for the market to find solutions to challenges revolving around transparency, efficiency, predictability and cost-effectiveness in emerging areas such as the IoT. As this happens, the Commission will be watching, while other parts of the world may also decide to weigh in.

Patents are politics these days. Everyone needs to be aware of that and act accordingly. With that in mind, it is particularly pertinent to read the interview with Sisvel’s first Executive Adviser for Government Affairs, Matteo Sabattini, we published last week. In the Q&A, he explains why it is so important for patent dealmakers to get involved in policy advocacy.

On the legal front, meanwhile, Wilus launched a UPC action against ASUS at the Mannheim local division; and in the US Apple beat back a $300 million Eastern District of Texas jury award at the CAFC.

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

Huawei has filed more than double the patent applications of any other entity in China since 2020, according to recently compiled data. Huawei continues reign as China’s premier patent filer of 2024 - IAM 🔒

IPValue has announced the launch of a $100 million patent purchasing fund, primarily covering advanced semiconductor, computing, display and communications technologies. Press Release - IPValue

Legal

Wilus initiated a UPC infringement action against ASUSTeK in the Mannheim local division. A case has also been brought at the Munich Regional Court. Press Release - Wilus

The Federal Circuit erased a $300 million patent verdict awarded to Optis against Apple, sending the dispute back to Texas for a new trial. Apple wins appeal to overturn $300 mln US patent verdict | Reuters

• The decision may not make much difference to the amount Apple ultimately pays Optis. Analysis - IAM 🔒

• It appears that a recent UK ruling in the same dispute failed to anticipate the possibility of a fresh US damages trial. Analysis - ip fray

The EPO Enlarged Board of Appeal adopted a legal standard for claim construction that brings it into harmony with the Unified Patent Court. European Patent Office aligns with Unified Patent Court on claim construction standard – ip fray

Hisense has become the latest implementer to bring UK litigation against a patent licensor, namely Nokia. Hisense sues Nokia in UK - by Michael MA

Policy & Opinion

The European Parliament’s Conference of Presidents has decided not to oppose the European Commission’s proposed withdrawal of the SEP licensing regulation. SEP regulation withdrawal not opposed by European Parliament - IAM 🔒

Dealmakers should make sure they are heard when IP policy is being discussed and formulated, argues Sisvel’s first Executive Adviser for Government Affairs. Sisvel | Dealmakers must have a voice in patent policy

Former Federal Circuit judge Kathleen O’Malley endorsed the three reform bills before US Congress that would strengthen patent rights. Congress Should Pass IP Reform, Starting With 3 Patent Bills - Law360 🔒

Strategy & Analysis

Closer scrutiny of SEP licensing by Brazil’s anti-trust authorities could encourage hold-out and disincentivise R&D investment. Jim Harlan | LinkedIn

The Federal Circuit’s decision in EcoFactor Inc v Google will refine rather than revolutionise expert witness practice, says Ocean Tomo’s James Malackowski. EcoFactor should remind damages experts they are not mind readers - IAM 🔒