Big SEP win for Ericsson in India; Qualcomm publishes IoT rates; European Commission’s amicus intervention in Munich; Sisvel Wi-Fi 6 pool momentum and more
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.
The big headline last week was Ericsson’s $29 million SEP award in India, the latest major FRAND decision to come out of the Delhi High Court. The full text of the ruling has yet to be released, but when it does surface, it will be closely scrutinised. The decision also comes as Indian policymakers consider patent market interventions, including measures that take inspiration from the EU SEP regulation. The court battle between Ericsson and domestic manufacturer Lava could figure prominently in upcoming policy debates.
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.
Legal
Ericsson has secured India’s highest ever damages win in an Indian SEP case. This follows a Delhi High Court finding that smartphone business Lava had infringed patents reading on 2G, EDGE, and 3G technology, and a FRAND determination that led to an award worth $29 million. Breaking: Ericsson wins $29m in India’s highest-ever SEP damages award | Managing Intellectual Property (managingip.com) [Paywall]
The European Commission has asked the Munich appeals court to reverse a first instance decision in an SEP case involving VoiceAge EVS and HMD on the grounds that the lower court wrongly applied Huawei v ZTE. This is the first time the Commission has made such a move. European Commission asks Munich appeals court to reverse lower court in standard-essential patent case – ip fray
Market
Sisvel’s Wi-Fi 6 pool has more than doubled its licensee count over the last six months, and close to 20% of products of the market are licensed to patents in the pool. Programme manager Giorgia Varvelli shared her thoughts on the programme’s momentum in this piece for Sisvel Insights. Sisvel | Sisvel Wi-Fi 6 patent pool sees licensee surge
Qualcomm has launched a new landing page with information about its cellular IoT licensing programme. Notably, royalties are based on the module purchase price, and Qualcomm states it has had many IoT module-makers under licence for over a decade. However, the company now offers an additional option of an end-device licence. Cellular IoT Licensing Program | Qualcomm
Samsung, Apple, Canon, LG Electronics, Panasonic, Philips, LG Innotek and Qualcomm are among the leading holders of patents in wireless charging technology covered by the Qi standard, according to new research from LexisNexis® IPlytics. Qi Wireless Charging Patent Leaders (lexisnexisip.com)
Policy
Ericsson CEO Börje Ekholm has warned that Europe risks becoming “a museum with great art but no leading industries”, pointing to the continent’s decreasing representation in the Fortune Global 500 and inability to attract AI investment (just 4% of the global total). European policymakers should focus more on innovation and less on regulation, he told a recent meeting of the Nordic Investment Bank. Börje Ekholm - Europe must prioritize innovation - Ericsson
Patent pools and the EU SEP regulation were two major subjects of conversation at IPBC Europe in Munich. The latter was the target of much negative comment, including sharp criticisms from a senior UPC judge and high-ranking EPO official. Sisvel | Patent pools and the EU SEP regulation take centre stage at IPBC Europe
Lobbying body IP2Innovate, whose membership comprises major net payers of patent royalties, has said the EU should consider targeted amendments to existing laws to “ensure that European patent courts consider the proportionality of remedies in their handling of patent litigation cases”. Next attack on EU patent injunctions: IP2Innovate officially pushes for stronger proportionality requirement – ip fray
Strategy
It is now almost certain that an SEP licensing regulation will come into force in the EU in some form. That means patent holders should be thinking now about how their rights should be entered into the envisaged EUIPO SEP electronic databaseas soon as possible after the legislation takes effect. The costs of complying with the EU’s potential new SEP regulation - IAM (iam-media.com) [Paywall]
Opinion
The EU's proposed SEP licensing regulation is not about protecting the interests of SMEs, or what FRAND means, or greater transparency around SEPs, says Rob Stien, chief communications and public policy officer at InterDigital. Instead, it is the fruit of efforts by Big Tech companies and large manufacturers to drive down the patent royalties they pay. Weekly take: EU SEP debate swerves crucial innovation factor | Managing Intellectual Property (managingip.com)
Understanding the increasing divergence between the way FRAND issues are handled in the US, the EU and the UK is critical to strategic choices such as where to file SEP disputes and how best to defend against them. Schuneman-Parikh-Holzapfel-Woll-Sternberg.pdf (d1198w4twoqz7i.cloudfront.net)
Plans for an Indian sovereign patent fund that would empower members of the government to intervene in SEP licensing agreements risks undoing the progress that the country and its courts have made so far in attracting major patentees to the market. India’s sovereign patent fund plans risk driving out innovation - IAM (iam-media.com) [Paywall]
