Big UK win for SEP arbitration; UPC weighs in on ZTE-Samsung; Wi-Fi Multimode pool offers litigation exit ramp; Sisvel POS on the march; plus much 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.

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Nokia has secured a significant victory at the UK Court of Appeal, escaping from interim licence terms imposed by the High Court last December and persuading a three-judge panel to permanently stay RAND determination actions brought by Acer and ASUS.

The most noteworthy aspect of the decision, which was written by Lord Justice Arnold, may prove to be its receptiveness to arbitration. Nokia had made Acer and ASUS (and Hisense, which settled before the appellate proceeding) “adjustable licence offers”: immediate interim codec SEP licences with final terms to be set through ICC arbitration. The lower court ruled that this offer did not discharge Nokia’s RAND obligations; the Court of Appeal has now declared that it does. Should this decision remain in force (it is subject to further appeal), it may provide a route for SEP owners to avoid UK interim licences and global FRAND rate-setting actions. It remains to be seen whether arbitration will play a greater role in global SEP disputes as a result.

Elsewhere, the UPC became the latest SEP venue to opine on FRAND terms for a renewed licence between ZTE and Samsung. The Court’s Mannheim Local Division issued a settlement proposal to the parties, suggesting that Samsung pay ZTE $640 million to be licensed through 2028 or $730 million to be licensed through 2029. The recommendation is largely in line with earlier rulings of courts in Munich and Chongqing; the UK High Court put forward a significantly lower balancing payment.

There was also a new article from Sisvel Wi-Fi Multimode Programme Manager Giorgia Varvelli explaining how the pool offers an efficient way to resolve disputes; and the Sisvel POS patent pool announced a trio of new licensors.

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

KT Corporation, Quectel Wireless Solutions and Mitsubishi Electric joined the Sisvel POS patent pool as licensors. Read more (Sisvel newsroom)

Licensors in the HEVC/VVC pool recently acquired from Via LA by Access Advance will vote on whether to appoint Sisvel as the pool’s new administrator. Read more (IAM) 🔒

The dispute between Philips and Belkin over Qi Wireless technology has been settled. Read more (ip fray)

Legal

The Court of Appeals for England and Wales has halted proceedings brought by Acer and ASUS against Nokia, holding that the Finnish company met its RAND obligations by offering licences that are adjustable through arbitration. Read more (ip fray). See also Scott Foster on LinkedIn and MLex 🔒

The UPC has suggested a $640 million lump sum for a five-year licence between ZTE and Samsung – a proposal that is largely in line with recent Chinese and German court rulings. Read more (ip fray). See also IAM 🔒

Automakers Hyundai and Honda have had Wi-Fi SEPs asserted against them in a US litigation campaign initiated by Malikie Innovations. Read more (ip fray) 🔒

Policy & Opinion

Jurists from various global SEP forums should communicate and establish "commonsense" principles, a Brazilian judge has said. Read more (ip fray)

USPTO staff attorneys have said that their recent interventions in SEP cases are intended to encourage better interpretation of eBay v MercExchange. Read more (MLex) 🔒

Strategy & Analysis

The Sisvel Wi-Fi Multimode pool is designed to avoid litigation, but where disputes do arise, it offers a compelling exit ramp and a basis for ongoing collaboration. Read more (Sisvel Insights)

For SEP holders considering litigation in Vietnam, which recently launched specialist IP courts, procedure and evidence strategy is critical. Read more (IAM) 🔒

Patent pools are the obvious solution to transparency and fragmentation concerns raised by prominent implementers, IP Dealmakers attendees have heard. Read more (ip fray)

UPC infringement case filings have diversified significantly beyond Germany, recent figures have shown. Read more (ip fray)