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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The US government has tended to take a far more hands-off approach in active policy terms to FRAND/SEP issues than other jurisdictions. But that does not mean it lacks a point of view. Last week, Dina Kallay, deputy attorney general in the antitrust division of the Department of Justice, delivered a speech in New York focusing on some of the key issues facing the global market.  

Having recognised “collaborative standards development assured by contractual F/RAND commitments has been enormously successful, generating great benefits for consumers,” Kallay went on to reaffirm the principles set out by former DoJ antitrust head Makan Delrahim during the first Trump administration that “implementer hold-out poses a more serious threat to innovation than innovator hold-up”. Among other things, she then discussed the recent joint USPTO and DoJ joint statement of interest in the Radian v Samsung case. This, she stated: “Explained that there is serious potential for anticompetitive harm in standards development processes that are dominated by large firms who are implementers of the technology in the standard ... These competitive concerns are particularly acute when these dominant implementers can exercise market power.” 

Kallay’s words will be closely studied in all parts of the SEP/FRAND world – not only by licensors and licensees, but policy makers too.   

Last week also brought further confirmation that Wi-Fi 6 is becoming more of a focal point for the global patent licensing market. Two new UPC litigations centred on Wi-Fi technology were reported in the press – including a suit filed by Huawei against HP. 

Elsewhere, John Squires was finally confirmed as USPTO Director by the US Senate; while Sisvel Insights published a Q&A with Yixiong Zou, who was recently appointed to lead Sisvel's efforts in China, including the planned opening of a new office in Shenzhen.   

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 

Julia Mattis was appointed Chief Licensing Officer at InterDigital, a post she has held on an interim basis since the April departure of Eeva Hakoranta. InterDigital - Press Release 

Former Nokia dealmaker Arvin Patel joined Erich Spangenberg’s SIM IP as managing director. Press Release - SIM IP  

The AV2 video codec, a planned successor to AV1, will become available at the end of 2025, the Alliance for Open Media announced. Press Release - AOMedia 

Legal 

Huawei filed a UPC case centred on Wi-Fi 6 patents against HP Inc. Huawei Takes Action Against HP to Advance Its Wi-Fi 6 Patent Licensing 

AX Wireless, a licensor focused on Wi-Fi 6 technologies, filed a UPC case against Xiaomi, adding to existing litigation in India. Xiaomi sued by eighth UPC plaintiff; files UK FRAND action against Asus/Innovative Sonic - IAM 🔒 

Policy & Opinion 

US Deputy Assistant Attorney General Dina Kallay described the Antitrust Division’s concerns around several issues at the intersection of standards development and patent licensing. DAAG Dina Kallay Delivers Keynote At Concurrences Dinner in New York | United States Department of Justice 

The US Senate confirmed John Squires as Under Secretary of Commerce for Intellectual Property and Director of the USPTO. Squires Confirmed to USPTO: Recapping His Statements So Far on Plans for the Office - IPWatchdog.com  

Europe continues to fall behind and must remove barriers to the scaling up of technology, Mario Draghi said one year after the release of his influential report on competitiveness. EU falling behind on growth, reforms even more urgent, says Draghi | Reuters 

Strategy & Analysis 

Richardson Oliver’s annual report on the secondary patent market describes “prices stabilising, sellers’ struggles and another year of buyers quietly cleaning up”. A smarter, sharper patent market - IAM 🔒 

SEP licensing drives critical investment in telecoms infrastructure, Ericsson VP of Patent Development Gabriele Mohsler told MLex. Licensing of SEPs is key to telecom networking investment, says Ericsson executive | MLex 🔒