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Justice Department and USPTO Emphasize Innovation Incentives in Patent Case

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The Justice Department and the U.S. Patent and Trademark Office have filed a statement of interest in a patent infringement case, highlighting the critical role of innovation incentives in maintaining competition.

26.02.2026 | Department of Justice


The Justice Department, alongside the U.S. Patent and Trademark Office (USPTO), has filed a statement of interest in the case Collision Communications Inc. v. Samsung Electronics Co. in the U.S. District Court for the Eastern District of Texas. This statement underscores the importance of preserving incentives for innovation, which are essential for growth and competition in the U.S. economy.

Deputy Assistant Attorney General Dina Kallay emphasized that innovation is vital for dynamic competition and the overall success of the American economy. The collaboration with USPTO aims to address critical issues that support both large and small innovators.

John A. Squires, Under Secretary of Commerce for Intellectual Property, noted that evaluating a patent owner's entitlement to injunctive relief is crucial for the rights conferred by patents. Injunctions are necessary to prevent ongoing harm to innovators and to protect the innovation economy from unlawful copying.

The statement of interest argues that restricting patentees' ability to seek injunctive relief undermines the incentive to innovate. It asserts that the right to exclude, as grounded in the U.S. Constitution, should not be limited for non-practicing patentees, who may demonstrate irreparable harm from continued infringement.

This filing does not support either party in the case and refrains from taking a position on the merits of the issues at hand. The Antitrust Division regularly files such statements and amicus briefs in federal court, which are accessible on their website.

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