Modern electronic devices (phones, computers, audiovisual players, autonomous cars, IoT devices, etc.) are able to communicate with each other and process information because they comply with a common set of technical standards. Those standards include cellular, WiFi, audiovisual encoding/decoding, and other emerging areas. Not surprisingly, companies that developed the technologies in the standards, and have patents covering their use, are chasing implementers to enter royalty-bearing license agreements. Historically, the rules around the licensing and litigation of SEPs have not been well defined. The standards bodies’ policies do little more than require that patent owners offer licenses on reasonable and non-discriminatory (RAND) terms. The absence of clarity and detail has led to many hundreds of millions of dollars in concurrent worldwide litigation. Finally, rules are starting to be developed, as a result of such litigation and some government efforts to establish relevant guidelines. Those developing rules & guidelines are overlapping — but not identical — across the US, Europe and Asia. As licensing spreads across the entire IoT ecosystem, you will need to understand the evolving legal frameworks to maximize your ability to negotiate licenses (and litigate) without creating undue risk.

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