Insights

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.

As the popularity of electric bikes grows, so does the legal and trade obstacles here and abroad. In 2022, over a million e-bikes were in sold in the US. China is a large part of the bike supply chain as about 85 percent of bikes purchased in the US are manufactured in China, and many bike manufacturers rely on China for most, if not all, of their components. And while this figure is staggering, many overlook details regarding the most important component for e-bikes, the battery. With the increased focus on electric vehicles and the escalating trade war, e-bike batteries are often caught up in the mix.