DOJ and USPTO Statement of Interest on Innovation Incentives

DOJ Antitrust Press Releases

Filed February 27th, 2026

Detected March 14th, 2026

Summary

The Department of Justice and the U.S. Patent and Trademark Office filed a statement of interest in a patent infringement case, reaffirming the importance of preserving incentives to innovate. The filing supports the patent owner's ability to seek injunctive relief to prevent infringement, which is crucial for economic growth and competition.

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What changed

The Department of Justice (DOJ) Antitrust Division and the U.S. Patent and Trademark Office (USPTO) have filed a statement of interest in the U.S. District Court for the Eastern District of Texas in the case of Collision Communications Inc. v. Samsung Electronics Co., et al. This statement emphasizes the critical role of innovation incentives in driving economic growth and competition, and it specifically supports the patent owner's right to seek injunctive relief against infringement. The agencies argue that limiting this right undermines the fundamental incentive to innovate, which is constitutionally grounded in the U.S. patent system.

This filing, while not taking a position on the merits of the specific case, serves as a strong signal to the courts regarding the DOJ and USPTO's view on patent rights and their importance to the innovation economy. Regulated entities, particularly those involved in patent litigation or licensing, should be aware of this joint stance. While this statement is non-binding, it indicates a continued focus by these agencies on ensuring that patent protections adequately incentivize research and development. Compliance officers should note this reinforces the importance of robust intellectual property strategies and understanding the legal landscape surrounding patent enforcement.

What to do next

Review internal policies regarding patent enforcement and injunctive relief.
Monitor ongoing litigation and agency statements concerning patent incentives and antitrust implications.

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Press Release

Justice Department and U.S. Patent and Trademark Office File Statement of Interest Reaffirming the Importance of Incentives to Innovate

Friday, February 27, 2026

Share For Immediate Release Office of Public Affairs Today, the Justice Department and the U.S. Patent and Trademark Office (USPTO) filed a statement of interest in Collision Communications Inc. v. Samsung Electronics Co., et al. in the U.S. District Court for the Eastern District of Texas. The statement reaffirms the importance of preserving incentives to innovate, which are key to growth and dynamic competition in the U.S. economy and fundamental to the U.S. patent system.

“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.”

“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,” said John A. Squires, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. “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.”

Today’s statement of interest explains that unduly limiting patentees’ ability to seek injunctive relief to block patent infringement undermines the incentive to innovate. A patentee’s right to exclude is grounded in the U.S. Constitution. Non-practicing patentees should not be categorically denied the opportunity for injunctive relief and, under certain circumstances, such patentees can demonstrate irreparable harm and the inadequacy of monetary damages to compensate for the harm of continuing infringement. The statement was filed in support of neither party and does not take a position on the merits or the ultimate outcome of the questions at issue in the case.

The Antitrust Division routinely files statements of interest and amicus briefs in federal court. These statements are available on the Division’s website.

Updated February 27, 2026 Topic Antitrust Component Antitrust Division Press Release Number: 26-201