The Evolution of SEP Jurisprudence

Intellectual property partner Bob Stoll authored an article for World Intellectual Property Review, titled “The evolution of SEP jurisprudence,” that provides insight on the history and recent updates of standard essential patents (SEP).

In his article, Stoll explains how the common requirements in standards development organizations (SDO) governance include that technology contributors indicate their future licensing intentions for any patents they own or may come to own, which have become known as SEPs.

Stoll discusses how the Department of Justice and the judiciary in the U.S. have re-evaluated the potential implications of SEPs for patent owners, while international courts have upheld licensing regimes on the basis of fair, reasonable, and non-discriminatory (FRAND) terms. Stoll also notes the impact that 5G, the telecommunications standard, will have by stimulating diverse innovations and new consumer products that rely on cutting-edge technology.