Technical standards enable interoperability across industries ranging from consumer electronics and streaming services to connected vehicles, medical devices and advanced manufacturing. But for many companies that implement standards without large patent portfolios of their own, today’s SEP licensing environment can create significant uncertainty, unexpected costs, and barriers to innovation. This panel will ground the day’s discussions in the real-world experiences of American businesses navigating SEP licensing and litigation. Panelists will discuss how escalating royalty demands, global litigation pressure and opaque licensing practices affect investment decisions, product development and market competition across diverse sectors of the economy. The conversation will highlight why balanced FRAND commitments matter not only for technology companies, but also for consumers, supply chains and America’s broader innovation ecosystem.

Technical standards are foundational to America’s industrial base and global economic leadership. From automotive manufacturing and retail technology to semiconductors and connected devices, businesses across the economy rely on predictable and balanced SEP licensing practices to bring products to market, manage supply chains and compete globally. This panel will explore how growing uncertainty in SEP licensing and litigation is affecting American competitiveness, increasing costs for manufacturers and consumers and creating risks across critical supply chains. Panelists will discuss how policymakers can support innovation and investment by reinforcing transparency, predictability, and fairness in the standards ecosystem, while ensuring the United States remains a leader in emerging technologies and advanced manufacturing.

SEP disputes are increasingly global, with courts and regulators around the world playing a growing role in shaping licensing outcomes for U.S. companies. From injunctions and foreign rate-setting decisions to trade pressures and Section 301 concerns, international developments are reshaping the balance of power in standards-related disputes and raising important questions about fairness, sovereignty and competitiveness. This panel will examine how foreign litigation and regulatory actions are affecting U.S. innovators and implementers, the evolving role of U.S. courts in global FRAND disputes, and whether current international frameworks adequately protect American economic interests. Panelists will also discuss the implications of divergent global approaches to SEP enforcement and what policymakers can do to ensure that U.S. companies are not placed at a disadvantage in international licensing negotiations.

The availability of injunctive relief in SEP disputes remains one of the most consequential and contested questions in patent policy. At the center of the debate is the Supreme Court’s decision in eBay v. MercExchange and whether companies that have made FRAND commitments should be permitted to seek injunctions when monetary remedies are available. This panel will examine the continuing importance of eBay in preserving balance within the patent system and preventing the use of injunction threats as leverage in licensing negotiations. Panelists will discuss how courts in the United States and abroad are approaching injunctive relief in SEP cases, the growing use of exclusion orders and foreign injunctions, and the broader implications for innovation, competition, and participation in standards development.

Technical standards promote competition, interoperability, and affordable access to innovative technologies. As some SEP holders pursue aggressive, anti-competitive licensing tactics that exceed their voluntary FRAND commitments, the effects ripple through the economy by increasing costs for American manufacturers, discouraging market entry, and ultimately raising prices for consumers. This panel will discuss why balanced FRAND enforcement is critical for ensuring competition and consumer welfare and how foreign jurisdictions are increasingly viewing SEP abuse as a competition concern. Panelists will also examine what is at stake if U.S. agencies reconsider longstanding safeguards that have supported American technological leadership.