#USA #Shenzhen #TCL Electronics #HEVC Advance #PurpleVine IP

TCL and the HEVC Advance Patent Pool

On November 26, 2024, TCL Electronics Holdings Limited (TCL) announced its official entry into the HEVC Advance Patent Pool, marking a significant milestone in its licensing journey. Access Advance LLC (AA), the managing organization of the HEVC pool, facilitated this development, but the real backbone of this achievement was PurpleVine IP Group.

PurpleVine played an instrumental role in securing this agreement, offering assistance in strategic planning, global litigation management, and licensing negotiations. For years, TCL faced numerous legal challenges, particularly with leading HEVC licensors such as Dolby, GEVC, Philips, and Mitsubishi Electric, all of whom pursued litigation against TCL across various jurisdictions. With multiple infringement lawsuits pending in countries like Germany and Brazil, TCL required a robust defense strategy tailored to each region's legal framework.

The Legal Landscape

Since 2021, TCL has increasingly felt the pressure from these licensors who demanded substantial licensing fees and sought injunctions to limit TCL's technology utilization. To combat this, PurpleVine’s team collaborated closely with local legal counsel to develop a comprehensive strategy. This plan included utilizing FRAND (Fair, Reasonable, and Non-Discriminatory) arguments, crafting non-infringement defenses, and exploring avenues for patent invalidation. Remarkably, this efforts led to an impressive success rate of over 90% in invalidating asserted patents in initial rulings.

In addition to defensive strategies, PurpleVine even initiated counteractions against AA and the HEVC licensers in several jurisdictions, reinforcing TCL’s positioning in these legal battles. Particularly noteworthy were two landmark cases filed in Chinese courts which challenged both the licensing rates demanded by SEP holders and alleged market dominance abuse. These cases stand as pioneering efforts, as they allowed courts to review SEP pool licensing rates and scrutinize monopolistic practices.

A Triumph for Licensing and Technology Development

Daniel Fu, General Counsel of TCL, expressed satisfaction upon announcing the license sign-off with Access Advance's HEVC pool, attributing a significant part of this achievement to PurpleVine's expertise. He noted that this transaction not only benefits TCL but also enhances the overall licensing ecosystem and contributes to the technological advancements benefitting consumers.

The journey towards this agreement was filled with complexities that highlighted the importance of strategic leadership and top-notch litigation management that PurpleVine brings to the table. They have reinforced their reputation as a top-tier service provider in the realm of cross-border intellectual property disputes. PurpleVine’s successful engagement in high-stakes cases, in conjunction with TCL, clearly demonstrates their capabilities in navigating intricate IP landscapes.

About PurpleVine IP Group

Headquartered in Shenzhen, China, PurpleVine IP Group has established itself as a preeminent intellectual property service provider with a comprehensive suite of IP services, including patent prosecution, analysis, licensing negotiations, and dispute resolution. The firm is notable for its strategic team of experts who boast extensive litigation experience in courts globally, coupled with a strong foundation in handling SEP-related matters specifically within the telecommunications sector. This combination of skills empowers them to effectively support clients like TCL in complex legal environments, ensuring they not only survive but thrive amidst regulatory and competitive challenges.

In conclusion, TCL's strategic move into the HEVC Advance Patent Pool, under the adept guidance of PurpleVine, sets the stage for strengthening its market position and accelerating innovation in technology while ensuring compliance in a demanding legal landscape.