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Standard Essential Patents

Navigating the Complex Landscape of SEPs

Standard Essential Patents (SEPs) play a critical role in fostering innovation, enabling interoperability, and ensuring fair competition. Mintz offers deep expertise to help clients navigate this complex terrain. Drawing on our extensive knowledge of client technologies—especially in telecommunications, video, audio, memory, and other computer-related fields—we guide clients through the full spectrum of SEP-related matters. Our services include prosecuting standard-related patents, analyzing and valuing SEP portfolios, licensing SEPs in compliance with fair, reasonable, and non-discriminatory (FRAND) terms, and litigating and enforcing SEPs. We have significant experience supporting both individual SEP owners and patent pool administrators.

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Our Experience

Our Approach

Our experienced IP litigators and patent attorneys collaborate with clients across a wide range of SEP matters. By leveraging our deep understanding of client businesses and our extensive background in high-tech and telecommunications, we help clients maximize the value and protection of their SEPs.

What We Do
  • Collaborate with multiple patent pools to provide strategic guidance on SEP essentiality
  • Set FRAND rates in partnership with leading economic experts to ensure pre-litigation compliance
  • Litigate SEP enforcement actions in the U.S. and coordinate international licensing and enforcement programs
  • Advise on standards body participation, including membership terms, FRAND commitments, and related compliance strategies
  • Negotiate transactions involving the purchase, sale, and licensing of SEPs, including FRAND-related considerations
  • Prosecute patents and develop IP strategies tailored to SEP portfolios
Broad and Deep Understanding of Standards
  • Communications: 802.11, 3G / 4G / 5G (ETSI / 3GPP)
  • Entertainment: AAC, MPEG-H, AVC (H.264) / HEVC (H.265) / VVC (H.266)
  • Cameras: ONVIF
  • Graphics / Cuda: Khronos, OpenGL, OpenCL
  • Memory: USB, JDEC
Deep Bench of Technical Talent
  • Communications systems
  • Computer science
  • Engineering
  • EV battery technology
  • Image processing
  • Industrial assembly
  • Mechanical engineering
  • Semiconductors
  • Telecommunications

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