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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New USPTO Director John A Squires made his first public comments last week, just after being sworn into the post. Much of it was music to IP owners’ ears. A ringing endorsement of Coke Morgan Stewart strongly suggested a continuation of the direction of travel she put in place as acting director and of which most patent owners have been strongly supportive. This was soon followed by an executive order giving her authority over issues pertaining to discretionary denials.  

There were also warm words for the examiner corps at a time when morale at the USPTO is under strain. Attrition rates are high, union recognition and collective bargaining have been abolished, and work-from-home practices are perennially under threat, even if they have yet to be abandoned. While it is clear there will be a big move towards incorporating AI into USPTO processes and practices under Squires’ leadership, the challenge is how to do it without major disruption. Top quality human examiners will always be required. 

A further challenge is posed by Commerce secretary Howard Lutnick, an IP believer but one with some ideas that could pose threats to the US’s innovation engine. Most notably, these involve potentially abandoning the Bayh-Dole Act and introducing what amounts to a 1% to 5% tax on patent value. At some point, Squires will probably need to either support or push back against these ideas. Either way, it will take immense political skill to handle.  

There is plenty more in the new Director’s in-box. We at Sisvel wish him the very best of luck. 

Elsewhere, it emerged BYD has taken a 4G licence from Avanci, while Via announced a new pool focused on semiconductor memory technology. There was news too of an Apple intervention in two UPC cases with a view to protect the confidentiality of its SEP deals.  

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 

BYD was revealed as a licensee of the Avanci 4G Vehicle programme, making it the first major Chinese automaker known to have signed up. BYD signs Avanci 4G licence - IAM 🔒 

Via LA announced plans to form a new patent pool around semiconductor memory technology. Via LA announces semiconductor memory patent pool program: first in series of semiconductor-related licensing programs – ip fray 

SIM IP completed the acquisition of over 200 video coding patents from Finnish company Gurulogic. SIM IP - LinkedIn post  

Legal 

Apple is intervening in the Ericsson v. Asus and Sun Patent Trust v. Vivo cases at the UPC to protect the confidentiality of its own SEP deals. Apple allowed to intervene in Ericsson, Sun Patent SEP disputes at UPC | MLex 🔒 

Fraunhofer has launched a suit against Lenovo and its subsidiary Motorola Mobility in the latest audio codec patent dispute to be filed at the court. Fraunhofer sues Lenovo as UPC audio codec disputes multiply - IAM 🔒 

Hisense is pursuing a declaratory judgment campaign in Brazil against no fewer than ten HEVC Advance licensors. Hisense seeks declaratory judgment against Dolby, GE, JVC, Philips, NEC, Mitsubishi, ETRI, Huawei, IP Bridge, Sun Patent Trust in Brazil over video SEPs – ip fray 

Policy & Opinion 

John Squires made his first public comments since his confirmation as USPTO Director, calling for a “strong, robust, expansive, and resilient intellectual property system”. Ceremonial Swearing-in Remarks of John A. Squires | USPTO 

In one of his first acts as USPTO Director, John Squires has handed his deputy – and former acting Director – Coke Morgan Stewart authority over discretionary denial issues. Post | LinkedIn 

Strategy & Analysis 

Video codec patent holders are exploring patent pools and bilateral licensing in a bid to get streamers to agree licences, but many old cases remain pending. Decrease in US video streaming litigation may signal a shift - IAM 🔒 

Brazil has emerged as a key theatre for SEP enforcement; a government inquiry into FRAND matters could open the door to greater regulatory scrutiny. Unpacking the maturing SEPs enforcement landscape in Brazil - IAM 

Indian optical fibre company Sterlite is building a cellular SEP portfolio around 5G and 6G assets as India seeks a greater role in telecoms standardisation. Sterlite’s IP a ‘force multiplier’ in global leadership goal - IAM 🔒