SEP Essentials

2026 already has been a whirlwind of global activity, including in the world of standards and standard essential patents (SEPs).  The United States has announced its intent “to win the global race for 6G” and obtain “scientific and technological global dominance” ( Global Dominance – The U.S.A.’s Views on Standards and SEPs ). China has further cemented its status as the only country in the world with a well-formulated and consistent strategy and vision around standards and S

The current U.S. administration has recently turned some of its attention to patents and patent policy.  The first such policy changes were not specific to standard essential patents[1]. But, on December 19, 2025, the White House released a “ Fact Sheet ” in which it announced its intention to focus on 6G technologies and on standards themselves. The White House’s announcement evidences the administration’s view that standard setting is a competitive endeavor – one with both

The United States “Acting Solicitor” and “Acting General Counsel” for the U.S. Patent and Trademark Office, along with a bunch of attorneys from the U.S. Department of Justice’s Antitrust Division, recently filed a Statement of Interest (“ SOI ”) in the Radian Memory Systems LLC v. Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. case (“ Radian lawsuit ”). [1]   The Radian lawsuit involves allegations related to the NVM Express standard for flash solid-sta

The bipartisan “Promoting United States Leadership in Standards Act of 2025” was recently introduced in the United States Senate by Senators Blackburn and Warner. [1]   The intent of the Act is to “promote United States leadership in technical standards” and “ to encourage and enable United States participation in developing standards and specifications for artificial intelligence and other critical and emerging technologies.”  This is obviously a worthy goal.  The current sy

In our increasingly connected world, telecommunications and network interoperability is crucial to the United States economy.  Interoperability is provided by functional, well-designed standards.  If the U.S. is to maintain its leadership in the networking, telecommunications and emerging IoT markets, the U.S. government must act to protect the critical standards, such as Wi-Fi and cellular, used by Americans and American companies. The first step in this process is recognizi

One of the regulatory agencies which has run amuck over the last several years is the U.S. International Trade Commission (ITC).  The ITC was formed to protect U.S. domestic industries from unfair foreign competition.  But, at least in patent cases, it has strayed very far from that original mission.  Too often these days, the ITC lets foreign companies use the ITC against American companies in an end run around American courts.  American courts do not grant injunctions when