Standard essential patent (SEP) licensing remains a critical issue for global companies in diverse industries. The article predicts that the upcoming second Trump administration will update policies related to SEP enforcement. It highlights four key factors impacting the SEP licensing landscape in 2025, with a particular focus on the potential rise of anti-suit injunctions motivated by the Ericsson v. Lenovo decision, which scrutinized the use of ASIs in multi-jurisdictional litigations involving SEPs. Understanding these developments is crucial for companies relying on standardized technologies.
Given the global nature of SEP disputes, SEP litigations often proceed in multiple jurisdictions simultaneously. These parallel litigations can consider related issues, including infringement and validity of patents from the same family.
ASIs are attracting renewed interest after the Federal Circuit's Ericsson v. Lenovo decision, which examined the appropriateness of an ASI to prevent Ericsson from enforcing injunctions issued in Colombia and Brazil.
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