Litigation over standard-essential patents, or SEPs, can be a cyclical phenomenon, where litigation follows a generational change in technology.
We saw it with 3G and 4G technology, where each generational change led to a flurry of litigation focused on smartphones. Now, many assume that 5G litigation is poised to follow, but so far the volume of 5G-related litigation has not followed the trends seen for previous generations.
Originally published in Law360 August 2023.
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