#standard-essential-patents

#standard-essential-patents

The Federal Circuit has dismissed an appeal by the Electronic Frontier Foundation (EFF) seeking to unseal summary judgment briefing in a patent dispute involving standard-essential patents for cable modem technology. Entropic Communications, LLC v. Charter Communications, Inc., No. 24-1896 (Fed. Cir. Dec. 17, 2025) (nonprecedential). The CAFed held that the district court did not abuse its discretion in denying EFF's motion for permissive intervention as untimely under Fifth Circuit law.

"Royalty-free" is an appealing notion, especially when applied to the licensing of a patent essential to a standard. This standard is even more compelling to an implementer when every participant in the relevant standards body or proprietary consortia, including preeminent technology companies, has pledged it will grant its essential patents on a royalty-free (RF) basis. What could be better than an entire ecosystem around a standard or proprietary solution and its implementation being bound by an RF pledge?