UPC to consider setting FRAND rate; Brazilian SEP competition probe to proceed; Nokia scoops up video patents; Sisvel’s open door offer to European Commission; plus much more

Category
Weekly round-up
Date
December 8, 2025

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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Whether UPC judges can set FRAND rates appears set to be taken up by the body’s Court of Appeal. Patent owner Sun Patent Trust asked the Paris local division to make a FRAND determination in its case against Vivo back in April, recently published documents show. In an order that surfaced last week, the first panel of the UPC Court of Appeal indicated that it will consider the question of FRAND jurisdiction in a separate appeal while the main proceeding goes ahead in Paris.

Sun Patent Trust is not the only SEP owner to push the UPC on rate-setting. According to media reports, Ericsson’s recent salvo of legal actions against Transsion included a request that the local division in The Hague declare its offer to the Chinese company FRAND or, alternatively, determine what a FRAND cross-licence offer would be.

A UPC willing to determine FRAND rates would add further layers to the complex global SEP enforcement landscape. It could be quite some time, however, before the question is resolved definitively.

There was also news on the regulatory front from Brazil. The country’s competition watchdog, CADE, had earlier opened an investigation into Ericsson's 5G SEP licensing practices in connection with the Swedish company’s licensing dispute with Lenovo. Though the pair reached a settlement in April, it was reported last week that CADE will press ahead with its investigation nonetheless. This could shine a spotlight on FRAND policy issues in a jurisdiction that has played a key role in many recent SEP disputes.

Elsewhere, a transaction between Nokia and LG Electronics was reported, with hundreds of video patents changing hands; while Sisvel President and CEO Mattia Fogliacco delivered a clear message to European policymakers: we stand ready to play our part in the creation of a balanced European SEP licensing framework, so let’s talk.

Please note that the 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 flagging.

Market

Nokia has obtained nearly 300 patents related to video codecs from LG Electronics, USPTO assignment records show. Nokia acquires video codec patent portfolio from LG Electronics – ip fray

Transsion has signed up as a licensee of the HEVC Advance pool, ending litigation by patent owners in Europe and Brazil. Transsion is now an HEVC Advance licensee – IAM 🔒

Connectivity market data for Q3 shows that developed markets are focused on upgrading wireless infrastructure, while the developing world is powering consumer device shipment growth. Sisvel | Connected device growth in Q3 driven by emerging markets

Lobbying group ACT – The App Association has withdrawn its controversial application to join the European Telecommunications Standards Institute. ACT – The App Association withdraws application to join ETSI – IAM 🔒

SEP owners Sun Patent Trust and Ericsson have each asked the UPC to make FRAND determinations in recent disputes. SEP holders force UPC into FRAND dance with UK courts – JUVE Patent

InterDigital has raised jurisdictional arguments and expressed a preference for an arbitrated settlement with Amazon in a UK High Court hearing. InterDigital Seeks Arbitration in Amazon Patent Dispute – Law360 UK 🔒

The UK High Court has held a combined hearing in Nokia’s patent licensing disputes with Warner Bros. Discovery and Paramount. Nokia offered non-proliferation agreement centered around mutual notices to Warner Bros., Paramount; UK judge considers it reasonable – ip fray 🔒

Significant changes to fee structures at the UPC are due to take effect from 1 January 2026. Unified Patent Court fees increase from 1 January 2026 – are you ready? – Bird & Bird

The US Patent and Trademark Office has issued new guidance on subject-matter eligibility declarations. USPTO issues new guidance on subject matter eligibility declarations – USPTO

Policy & Opinion

When developing SEP licensing policy, the European Commission, Parliament and other institutions should talk to Sisvel, which has more experience than anyone else in Europe in developing transparent, FRAND-compliant licensing solutions. Sisvel | Sisvel’s message to the European Commission: “Our door remains open – let’s talk”

Brazil’s competition authority is proceeding with an investigation into Ericsson’s 5G licensing practices despite the Swedish company’s settlement with complainant Motorola. Motorola settlement fails to silence antitrust concerns as Brazil deepens 5G patent scrutiny | MLex 🔒

Over recent months, the DOJ Antitrust Division and the USPTO have put down several markers that indicate strong backing for the rights of SEP and other patent owners. When One Door Closes: Radian, the ITC, and Dina Kallay’s FRAND Signal | LinkedIn

Strategy & Analysis

Judge Rodney Gilstrap of the Eastern District of Texas was the top judge for US patent litigation in Q3, according to data produced by RPX. Judge Gilstrap Stayed on Top in Q3 as Judge Counts Held onto Second Place | RPX Corp

It has been a busy end to a fascinating year for Internet of Things patent licensing and litigation. Fractus deal and IoT Innovation suit cap off a fascinating year for IoT patent licensing – IAM 🔒

Standards bodies no longer have a monopoly over which codecs gain widespread adoption. Instead, silicon and platform decisions are increasingly determining the winners and losers. Standards at Risk: When Silicon, Not Standards Bodies, Decides Codec Adoption (part II) | LinkedIn

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