Insights

On January 10, NHTSA published a Supplemental Notice of Proposed Rulemaking (SNPRM) detailing its plan to update 49 C.F.R. Part 577, the regulations covering required recall notifications. This proposal stems from the Fixing America's Surface Transportation (FAST) Act’s mandate that NHTSA amend its regulations to require recall notifications be sent to vehicle and equipment owners and purchasers by electronic means, in addition to first-class mail. The SNPRM supplements a 2016 proposed rule, such that anticipated changes may have fallen off many manufacturers’ radars.

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.