The evolution of SEP jurisprudence


Robert Stoll

The evolution of SEP jurisprudence


The Department of Justice and the judiciary in the US have re-evaluated the potential implications of standard essential patents for patent owners, while international courts have upheld licensing regimes on the basis of FRAND terms. Robert Stoll of Faegre Drinker Biddle & Reath and former US Patent and Trademark Office commissioner for patents.

Standards development organisations (SDOs) foster the development of complex collaborative technology standards which promote the interoperability, performance and innovation of consumer products.

5G, the telecommunications standard, will change the world by stimulating diverse innovations and new consumer products that rely on the cutting-edge technology contributed to this open standard

The common requirements in SDO governance are that technology contributors (typically those who invest heavily in development of the standard) indicate their future licensing intentions for any patents they own or may come to own, which have become known as standard essential patents (SEPs).

SEPs, DoJ, patent owners, licensing, FRAND, Faegre Drinker Biddle & Reath, USPTO, SDOs, technology, innovation, 5G, telecoms, antitrust, ITC, Supreme Court