New C-IoT pool royalty rates revealed; Major Indian FRAND case appealed; Key China smartphone developments; Biden administration anti-suit injunction error; plus much more 

Category
Weekly round-up
Date
May 20, 2024

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  

Just days after Sisvel's groundbreaking cellular IoT licensing deal with Nordic Semiconductor, we announced new, lower royalty rates for the pool decided after close consultation with all parts of the IoT market. A press release published last Wednesday contained all the details.  

Elsewhere, Jacob Schindler looked at some of the key developments in the Chinese smartphone sector that are likely to have an impact on SEP licensors. The article includes an update on some potentially important news affecting Transsion, the Shenzhen-based manufacturer that focuses its sales efforts on sub-Saharan Africa, the Middle East and other developing markets.  

We also link to an opinion piece by former USPTO head Andrei Iancu and Professor Mark Cohen that strongly criticises the US for failing to support the EU's WTO complaint about the use of anti-suit injunctions by Chinese courts. And, of course, there is plenty more on top for you to catch up with.  

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.    

Indian smartphone maker Lava has appealed the decision that saw the Delhi High Court award Ericsson damages equivalent to $29 million in the FRAND dispute between the pair. Lava challenges Ericsson’s record $29m SEP win | Managing Intellectual Property (managingip.com) (Paywall) 

InterDigital Chief Licensing Officer Eeva Hakoranta has provided an update on a recent German court decision to award the firm an injunction against Lenovo, after the Chinese company was found to be engaging in hold-out and acting as an unwilling licensee in the pair's high-profile SEP litigation. An update on our dispute with Lenovo | InterDigital.com 

The California Institute of Technology and Dell have reached a settlement in a dispute involving patents reading on wireless communications technology. Dell, Caltech agreement ends remaining lawsuit over Wi-Fi patents | Reuters 

Market 

Sisvel announced new, lower rates for its Cellular IoT patent pool based on extensive discussion with the market. New pricing tiers will enable royalties as low as US$0.08 per NB-IoT device. Sisvel | New, lower royalty rates announced for Sisvel Cellular IoT patent pool 

Three major trends in the Chinese smartphone market that will have an impact on licensors. Sisvel | Three trends shaping China’s smartphone sector   

Fortress Investment Group, including the IP financing part of the business, has been acquired by a consortium composed of the firm's senior management team and Mubadala Investment Company. Fortress Management and Mubadala Complete Acquisition of Fortress Investment Group | Fortess  

Huawei is paying close attention to licensing opportunities in Latin America, with the Brazilian market of particular interest, the head of the company's Americas IPR department has revealed. Inside Huawei’s Americas IPR department - IAM (iam-media.com) (Paywall) 

The MPAI is aiming to introduce standards-setting into the process of creating AI-based solutions and has 17 AI coding standards under development. Meet MPAI, the standardisation body for artificial intelligence data coding - IAM (iam-media.com) 

Tesla’s NACS plug is set to dominate the United States’ EV market and is going through a standardisation process. While automakers that own patents in the space may opt for royalty-free licensing, others may not. Predictions of royalty load, litigation risk for upcoming Tesla EV charging standard - IAM (iam-media.com) (Paywall) 

Policy 

The US Patent and Trademark Office proposals to limit terminal disclaimers filed to obviate an obviousness-type double patenting rejection could have a major impact on patent prosecution and litigation strategies. United States Patent & Trademark Office Proposes Rule that Would Limit Patent Owner’s Enforcement Rights of Patents Subject to a Terminal Disclaimer | Neal, Gerber & Eisenberg LLP - JDSupra 

Five myths underpinning the proposed EU SEP licensing regulation debunked by Ericsson. Facts on the standard essential patents (SEP) regulation debate - Ericsson 

German Chancellor Olaf Scholz has called for Europe's 5G network to be expanded and urged policymakers to take advantage of the fact that Nokia and Ericsson are European companies. Europe can't lag behind in 5G technology - German Chancellor Scholz | Reuters 

Analysis/Opinion 

In failing to back the EU's anti-suit injunction case against China at the WTO, the Biden Administration is making a major error that will end up harming US interests, argue Andrei Iancu and Mark Cohen. Why Is The US Helping China Undermine Global Innovation? | IBTimes 

To harness FRAND’s flexibility as a universal information access tool, it is essential to gain more clarity on the content and goals of FRAND-enabled transactions – but not at the cost of compromising EU fundamental rights and freedoms. On FRAND as a Means of Information Access | GRUR International | Oxford Academic (oup.com) 

 

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