The U.S. Department of Justice's Antitrust Division has issued a series of statements and policy guidance clarifying that strong patent rights and antitrust enforcement are complementary forces that together promote innovation. Through recent court filings and official speeches, the DOJ has addressed critical questions about injunctive relief for patent holders, the relationship between standard-essential patents and market power, and the proper boundaries between contract disputes and antitrust violations.
United StatesAntitrust/Competition Law
Over the past year, the U.S. Department of Justice’s (DOJ) Antitrust Division has delivered consistent message about the relationship between antitrust law and intellectual property (IP) rights: strong patent rights and competition policy are complementary, not in conflict. Recent Statements of Interest filed in federal patent litigation and a March 2026 policy speech by Deputy Assistant Attorney General Dina Kallay underscore this point. Through these statements, the DOJ has argued that 1) patents do not automatically confer market power; 2) antitrust law should not be used to police ordinary patent disputes or licensing negotiations; and 3) preserving meaningful patent remedies— including injunctive relief— is critical to innovation. Together, these pronouncements provide important guidance for IP practitioners and businesses navigating patent enforcement, standard‑setting, and licensing in the United States.
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