The Justice Department and the U.S. Patent and Trademark Office (USPTO) have jointly filed a statement of interest in the case Collision Communications Inc. v. Samsung Electronics Co., et al., currently before the U.S. District Court for the Eastern District of Texas. The agencies emphasized the need to maintain incentives for innovation, describing these as essential for economic growth and competitive markets in the United States.
“Innovation is core to dynamic competition, and vigorous competition is central to the success of the American economy. Policies that preserve incentives to innovate are therefore vital to safeguarding competition,” said Deputy Assistant Attorney General Dina Kallay of the Justice Department’s Antitrust Division. “We are pleased to partner with our USPTO colleagues to address these critical issues and support innovators, both big and small.”
John A. Squires, Under Secretary of Commerce for Intellectual Property and Director of the USPTO, stated: “The USPTO again joined the Justice Department in filing a statement of interest because a thorough evaluation as to whether a patent owner is entitled to injunctive relief is foundational to the exclusionary right a patent confers. Injunctions prevent ongoing and irreparable harm to innovators and the innovation economy, and ensure that legal remedies can stop unlawfully copied inventions from continuing to harm innovators.”
According to their statement, restricting patentees’ ability to seek injunctions against infringement could weaken incentives for future innovation. The agencies highlighted that a patentee’s right to exclude others from using their invention is established by the U.S. Constitution. They also noted that non-practicing patentees should not automatically be denied access to injunctive relief; under certain conditions, such parties may show they suffer irreparable harm that cannot be addressed through monetary compensation alone.
The statement does not take sides or address the merits of either party's arguments in this specific case.
The Antitrust Division regularly submits statements of interest and amicus briefs in federal courts, which are available on its website.
