The Shifting SEP Litigation Landscape: How Changes in the Types of Litigated SEPs Can Affect Implementers

Why It Matters

The diversification of SEP litigation raises enforcement risk for products using newer standards where FRAND commitments are weaker, forcing companies to rethink IP risk management.

Key Takeaways

• Video‑codec SEP suits up 263% from 2020‑2025.
• Wi‑Fi SEP litigation increased 71% in same period.
• ETSI‑declared cellular SEPs dropped 32%, lowest litigation.
• Undeclared SEPs now drive 76% of litigation growth.
• Implementers need global licensing policies and supplier indemnities.

Pulse Analysis

The past five years have seen a pronounced shift in standard‑essential‑patent (SEP) disputes. While cellular patents once dominated the docket, litigation now concentrates on Wi‑Fi and video‑codec technologies, with video‑codec suits soaring 263% and Wi‑Fi cases up 71%. This trend reflects the expanding role of multimedia and connectivity standards in everyday devices, and it coincides with a 76% rise in undeclared‑SEP cases, where patent owners lack formal FRAND commitments, eroding a key defensive shield for implementers.

For industries ranging from automotive to consumer electronics, the changing landscape translates into heightened exposure. Undeclared SEPs can be asserted aggressively without offering reasonable licensing terms, compelling companies to embed robust IP safeguards throughout their supply chains. Global licensing policies, explicit indemnity clauses, and diligent review of demand letters become essential tools. Automotive OEMs must track both cellular and Wi‑Fi components at the bill‑of‑materials level, while IoT manufacturers should verify that supplier licenses cascade downstream and that optional features are disabled when unnecessary.

Looking ahead, firms that proactively monitor standard‑setting organization (SSO) policies and maintain up‑to‑date patent‑clearance registers will gain a competitive edge. Early engagement with SSOs, coupled with regular audits of implemented standards, can identify undeclared risks before they materialize in court. As multimedia and wireless standards continue to evolve, a disciplined approach to SEP risk management will be a decisive factor in protecting margins and sustaining innovation.