Insights

Chicago – June 29, 2023: The Public Interest Law Initiative (PILI) named Crowell & Moring to its 2023 Pro Bono Recognition Roster. Crowell was one of 44 law firms and corporations honored for making “significant commitments and contributions to pro bono throughout the state of Illinois, and who help ensure that individuals, families, and communities who are in need receive legal services.”

Chicago – May 22, 2023: Crowell & Moring partner David Lindner has been elected to the Public Interest Law Initiative (PILI) Board of Directors in Chicago.

A Standard Essential Patent (SEP) is a patent that claims an invention that is necessary to comply with a particular technical standard.  These types of patents are in a variety of industries, including telecommunications, consumer electronics, and now the electric vehicle (EV) sector. In the context of EVs and interconnected vehicles, SEPs play an important role in enhancing interoperability, increasing safety, and fostering innovation. However, SEPs also present unique challenges, particularly in the EV industry where the intersection of technology, mobility, antitrust, and patent law create amplified complexities to the existence and legality of these essential patents. This alert explores the key problems associated with SEPs in the EV sector and implications for stakeholders.

The Federal Communications Commission (FCC) has recently issued a second report and order to modernize vehicle communication technology by transitioning to Cellular-Vehicle-to-Everything (C-V2X) systems within the 5.9 GHz spectrum band. This initiative is part of a broader effort to advance Intelligent Transportation Systems (ITS) in the U.S., enhancing road safety and traffic efficiency. While we previously reported on the frustrations with the long time it took to finalize rules concerning C-V2X technology, this almost-final version of the rule has stirred excitement in the industry as companies can start to accelerate development, now that they know the rules they must comply with. 

Since 2020, the FCC has been working on rules for cellular communication technology that allow vehicles to share information with other vehicles, infrastructure, and safety systems (commonly known as cellular vehicle-to-everything or C-V2X).  Although the C-V2X industry continues its development at a blistering pace, some have commented that advancements in the space have been impeded because of the FCC’s delay. In a September 27, 2024 letter to the FCC, the Alliance for Automotive Innovation (“AAI”), whose membership includes both manufacturer and technology companies, once again requested that the FCC finalize rules for C-V2X technology so that innovations in the field can be made and deployed.