#Patent #Copyright #Trademark #infringement #intellectualproperty #IPR #IPRinfo #IPlaw #IPRrights #Trademarkclickcom #entrepreneur #PatentAgreement #Vivo #Sisvel #MitsubishiElectric #Wills #AvanciPoolLicense #FordMotorCompany #2G #3G #4G
Sisvel recently issued a press release making a public announcement about signing a portfolio license agreement for 2G, 3G, and 4G standard-essential patents with famous Chinese Smartphone maker, Vivo. “The patent portfolio licensed under this deal includes over 125 patent families (comprising over 1,800 individual patents) deemed essential to the [2G, 3G, 4G] cellular standards,” says the announcement. Sisvel facilitated this agreement for the entire pool.
After the execution of this agreement, Vivo is now licensed to some former Nokia patents as well. However, Vivo is defending against multi-jurisdictional patent infringement litigation that was initiated by the Finnish Company this year over the patents that it currently owns. It’s not going to be a cakewalk for Vivo to convince courts in various jurisdictions of its constructive attitude toward several licensing. Vivo has to prove that it wants to be recognized as a willing licensee. However, the willingness analysis will be conducted based on deal-by-deal. For people-watching SEP disputes from the outside, it is always wise to keep a watch over secondary indicia of willingness. In that regard, take note of the following quote from David Muus who is Sisvel’s mobile communication program manager:
“We came to this deal in a truly collaborative effort between Sisvel, Mitsubishi Electric, Wills, and Vivo, which is a testament to the parties’ capacity to build bridges. The Vivo team’s straightforward approach made working with Vivo a pleasure.”
Interestingly, this Sisvel-Vivo deal fell into place without facing any sort of infringement lawsuits, and it is evident from the record that Sisvel is very effective at resolving licensing disputes out of court. At the moment there’s only one high-profile enforcement effort made by Sisvel that is ongoing, and that one includes the Ford Motor Company, which to everyone’s surprise still hasn’t taken an Avanci Pool License though many other automotive brands are licensed.