The nature of litigation over standard-essential patents, or SEPs, can be viewed as a cyclical phenomenon. This cycle commonly follows the path of generational changes in technology. Instances of this pattern have been observed with 3G and 4G technology, where each respective change led to an influx of litigation focused mainly on smartphones. As we move forward into the era of 5G technology, many have surmised that litigation linked to 5G will follow the same suit. However, the anticipated volume of 5G-related litigation has not, yet, mirrored that seen with previous technological generations. Published originally by Law360 in August 2023.
Notably, three areas now appear to be ripe for new SEP licensing and, potentially, litigation. Despite the current situation with 5G-related litigation not following previous trends, continual developments in the sector hint towards the potential for increased action in the near future. Some observers have even noted several emerging fields that could soon see a form of cyclical litigation akin to the patterns witnessed in 3G and 4G technologies.
These developments place an unprecedented importance on corporations, particularly those within the technology sector, to closely monitor changes in standard patent litigation. Having comprehensive legal strategies in place is crucial to mitigating potential risks and challenges that can arise in this fast-evolving legal landscape.
Although specific patterns of litigation following the introduction of new technologies are unpredictable, what remains consistent is the importance of preparedness. Anticipating change, monitoring shifts in patent litigation, and organisation are key to navigating these legal complexities. Only by doing so can corporations hope to weather the stumbling blocks and potential litigation that comes hand in hand with technological innovation.