In Radian Memory Systems LLC, v. Samsung Electronics Co., Ltd., the U.S. government filed a Statement of Interest regarding assessing irreparable harm for patent infringement. The Statement does not express positions on other factors for preliminary injunctions. Insights suggest a shift in thinking around injunctive relief related to industry standards. This marked the first significant communication from the USPTO and DOJ on the topic since the withdrawal of earlier policy statements on remedies for standards-essential patents, indicating ongoing evolution in legal frameworks surrounding patent rights.
This 'long tradition of equity practice is not surprising given the difficulty of protecting the right to exclude through monetary remedies that allow an infringer to use an invention against the patentee's wishes'-a difficulty that suggests irreparable harm.
The United States filed a Statement of Interest in the Radian Memory Systems LLC, v. Samsung Electronics Co., Ltd. case regarding likelihood of irreparable harm in patent infringement.
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