The Internet of Things (IoT) is an ever-expanding web of diverse, interconnected devices ranging from simple consumer appliances to complex industrial systems. 5G technology promises to accelerate IoT deployment by providing accessible high-speed, high-capacity communication networks. This deployment, however, will undoubtedly lead to disputes over standard-essential patents (SEPs) covering the 5G Standard. These disputes are likely to involve parties from industries that have not previously competed against one another. The potential for friction will be especially high because industries often have diverse, individualized practices for valuation and licensing. Fairly resolving 5G IoT SEP disputes—for patent owners and licensees alike—will require creative approaches.
This article will explore ways parties can utilize two conventional SEP valuation methodologies to address problems related to 5G licensing for IoT products. These methodologies, generally used in fair, reasonable, and non-discriminatory (FRAND) disputes, are commonly known as the “bottom-up” and “top-down” approaches. In applying these methodologies to 5G and IoT, an exemplary case study will help illustrate particular problems that might emerge and explore how parties might consider approaching these inevitable SEP disputes.
The Problem
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
