While Wi-Fi 6 has reshaped the connectivity landscape, the arrival of Wi-Fi 7 presents both a challenge and an opportunity for telecom players. Poised to power everything from immersive AR/VR experiences to ultra-high-definition video streams, Wi-Fi 7 is set to redefine the benchmarks of wireless networking.
With the Wi-Fi Alliance’s anticipated unveiling of Wi-Fi CERTIFIED 7 in Q1 2024, this is a key moment to dominate the game. The conventional approach usually revolves around Standard Essential Patent (SEP) analysis, post-standardization. However, this article addresses the benefit of early identification of prospective Wi-Fi 7 SEPs, which offers a strategic advantage in the dynamic telecommunication industry. Secondly, we analyze existing Wi-Fi SEPs to evaluate their significance in Wi-Fi 7.
This approach challenges the notion that older SEPs lose relevance with new technological advancements.
Let’s explore this approach and analyze its implications to better understand its potential impact on the wireless landscape.
Why is there a need for early identification of potential high-value Wi-Fi 7 SEPs from a portfolio?
Assessing your patent portfolio with regard to emerging technologies can yield numerous advantages. These advantages, however, are maximized when identification of SEPs is conducted early.
- Strategic Positioning in the Market:
By identifying high-value SEPs early, a company can position itself as a leader in the technological space. This can give the company a competitive edge, especially in a fast-evolving market like wireless communication technologies.
- Monetization opportunities:
As key industry leaders delve into Wi-Fi 7 technology and Wi-Fi 7 products make their mark in the market, the future promises a vast landscape of opportunities. The proliferation of Wi-Fi 7-based products is set to create a substantial market, exponentially enhancing the potential for revenue generation from potential Wi-Fi 7 SEPs. Several players have already started to look for and get an early hold on such opportunities.
A client recently contacted us to identify potential Wi-Fi 7 SEPs in their portfolio and target companies and products for possible licensing or litigation in the future. Early identification of these potential SEPs provides a significant advantage, as it allows for the filing of Continuation-in-part or Reissue patents and the amendment of claims. This, in turn, increases the likelihood of success in future litigation cases.
- Cross-Licensing Opportunities:
In the tech industry, cross-licensing agreements are common. Holding valuable SEPs can give the company negotiating powers with other firms, allowing for mutually beneficial agreements that can reduce litigation risks and open up access to other important technologies.
- Long-Term Strategic Planning for R&D:
An essentiality check assists in understanding the strength of a portfolio and shaping an overall intellectual property (IP) strategy. Furthermore, given that the Wi-Fi 7 standards are still in development, the portfolio’s holistic overview provides insight into shaping a strategy for contributing to standards. As such, an essentiality check can help identify potential gaps in the portfolio, highlight areas for improvement, and inform strategic decision-making.
Along similar lines, one of our clients approached us for a study where they wanted us to do a Standards Essentiality study of their telecom-related patents. Their ultimate goal was to identify technologies such as Multi-Link operation from Wi-Fi 7, for which most of their patents are potential standards essential so that they can direct their internal R&D investment policies in those areas and contribute more towards standards development.
- Recognition:
Being a key contributor to an emerging standard like Wi-Fi 7 can enhance a company’s reputation in the industry. This can have downstream benefits, such as attracting top talent, securing partnerships, and gaining investor confidence.
GreyB’s strategy to identify potential high-value SEPs for Wi-Fi 7 from your portfolio
The standardization process for Wi-Fi 7 is anticipated to reach completion by early 2024, with the IEEE document 802.11be Draft serving as a critical component in the early identification of Wi-Fi 7 SEPs. It is the foundational document utilized in the implementation of Wi-Fi 7, enabling the determination of any patent overlap with features that are likely to be integrated into the final standard. In addition, amendments such as 802.11ay, 802.11az, and 802.11ba, among others, are set to be incorporated into 802.11be, i.e., Wi-Fi 7.
Checking the patents against these drafts will determine whether they will be potential SEPs for the final Wi-Fi 7 standard. In this way, companies get valuable insights regarding the future value of their patents and ideas for directing the expansion of their R&D capabilities.
Identifying potential standards-essential patents against Wi-Fi 7
Recently, we analyzed a patent portfolio for one of our clients to identify potential standards-essential patents against Wi-Fi 7.
One of the patents we identified as a potential WIFI-7 SEP was patent – US7XXXX82B2 relating to MAC Frame Aggregation (A-MSDU). Although Frame aggregation is an important concept in Wi-Fi communication, we had to identify explicit evidence for support in Wi-Fi 7 –
| Subject Patent – US7XXXX82B2 | Wi-Fi 7 Standard Draft – IEEE 802.11be D4.0 |
| composing a unified frame by combining these acquired frames and; | The data parameter specifies the MSDU as received by the local MAC entity. Analyst Comment: MSDU has been considered as several individual frames being received. |
| composing a unified frame by combining these acquired frames; and; | Aggregate medium access control (MAC) service data unit (A-MSDU): A structure that contains one or more MSDUs and is transported within a single data MAC protocol data unit (MPDU). Analyst Comment: A-MSDU is the unified frame. As A-MSDU comprises multiple MSDUs, it can be considered that a unified frame, i.e., A-MSDU, is based on the plurality of received frames, i.e., MSDUs. |
| Setting a deadline for the transmission of this unified frame | When A-MSDU aggregation is used, the MLD maintains a single timer for the whole A-MSDU. An EHT AP shall set dot11MultiLinkActivated to true and shall be affiliated with an AP MLD. An AP MLD and all of its affiliated AP(s) shall follow the rules defined in 35.3 (Multi-link operation). A non-AP EHT STA with dot11MultiLinkActivated equal to true shall be affiliated with a non-AP MLD. A non-AP MLD and all of its affiliated non-AP STA(s) shall follow the rules defined in 35.3 (Multi-link operation). Analyst Comment: A single timer for transmission of A-MSDU (combined frame) is maintained by MLD. MLD (Multi-Link devices) are devices that support Multi-Link operation. |
| the transmission of the unified frame is considered unsuccessful if it is not fully completed within the allocated transmission time. | An MLD shall continue to deliver the failed individually addressed QoS Data frame belonging to a TID without blockack negotiation to an associated MLD on the setup links subject to additional constraints (see 35.3.7 (Link management)) until any of the following conditions occurs:…The transmit MSDU timer for the MSDU or the A-MSDU (if the A-MSDU is used) exceeds dot11EDCATableMSDULifetime for a non-AP MLD or dot11QAPEDCATableMSDULifetime for an AP MLD.…The result of this procedure is that no MSDU in the A-MSDU is discarded before a period of dot11EDCATableMSDULifetime for a non-AP MLD or dot11QAPEDCATableMSDULifetime for an AP MLD has elapsed. Analyst Comment: An MLD should stop the transmission attempt of A-MSDU if the transmit timer exceeds the lifetime threshold. The A-MSDU is not discarded before a transmission lifetime, i.e., dot11EDCATableMSDULifetime. |
As depicted in the table above, the overlap showcased the high possibility of the patent being an SEP once the Wi-Fi standards roll out since a process similar to the claimed method is followed by devices supporting Multi-Link operation.
Multi-Link operation is a core feature of Wi-Fi 7. Many flagship smartphones, Netgear’s flagship Orbi series routers, Qualcomm’s latest chipsets such as Fastconnect 7800, etc., support Multi-Link operation (MLO), which hints that the feature will be a widely adopted feature of Wi-Fi 7. This feature will play a significant role in applications like VR, online gaming, remote work, and cloud computing.
MLO is a core feature of Wi-Fi 7, and since the subject patent discusses this technology, it has a high probability of being an SEP.
Dispelling the notion that a single patent can only be declared an SEP within one standard – Philips devised a dual return strategy for SEPs. The approach seeks to maximize the value of patents by ensuring their applicability across multiple standards, thus enabling the possibility of dual licensing and the potential for increased revenue streams.
Find out how you can utilize the same for your Standard Essential Patents.
Pinpointing patents with a low probability of being an SEP
It is important to identify patents likely to be standard-essential patents (SEPs) while dealing with Wi-Fi 7. However, it is equally important to distinguish potentially non-SEP patents to save time and effort once the standards are established.
For example, a patent viz. US7XXXX23B was related to LDPC encoding and was an SEP for Wi-Fi 6 standard. However, after analysis, we observed that even though Wi-Fi 7 supports LDPC, everything at the root level will not remain similar.
This showed us the probability of the patent not being significant to Wi-Fi 7.
| Subject Patent – US7XXXX23B | Wi-Fi 7 Standard Draft – IEEE 802.11be D4.0 |
| A Low-Density Parity Check encoding method comprising: | For each user with LDPC encoding, the parameters are computed using Equation (36- 54) and Equation (36-55), respectively. Analyst Comment: A method is disclosed in IEEE standards for realizing LDPC encoding of data. |
| Calculating the quantity of usable bits in a set minimum of orthogonal frequency division multiplexing (OFDM) symbols | For each user with LDPC encoding, the parameters are computed using Equation (36-54) and Equation (36-55), respectively. Analyst Comment: “Navbits” is considered as the number of available bits.“Navbits” are calculated using the above equation. |
| This calculation is based on the number of coded bits in each symbol, the code rate, and the length of the Physical Protocol Data Unit (PPDU). |  Analyst Comment: In the provided equation, the number of coded bits per symbol, code rate, and length of PPDU is used for calculating the number of available bits. |
| In cases where Space-Time Block Coding (STBC) is applied to encode a PPDU, this method includes the step of doubling the number of coded bits per symbol. | Analyst Comment: Information regarding this claim element is not disclosed currently in the Wi-Fi 7 Standards drafts. However, standards for the older versions of Wi-Fi use a similar methodology when STBC is employed. |
Conclusion
Waiting for industry standards to become public before conducting an essentiality check places you on the same playing field as your competitors. However, the pivotal strategy for seizing control of the telecom market involves proactive decision-making.
Consider telecom companies like Huawei, Nokia, Samsung, etc., who, by taking timely action, identified their 5G SEPs and strategically positioned themselves in the market. This strategic move enhanced their portfolio by directing R&D efforts towards SEP technology.
Leverage the potential of your patents and direct your R&D focus towards essential technologies.
Talk to our SEP Research experts.
Authored By: Kanav Sharma and Shubham Patial, Infringement Team
Edited By: Annie Sharma, Editorial Team
