Return To Real (Pre-eBay) Injunctive Relief?

In a rare occurrence, the DOJ's Antitrust Division and USPTO submitted a joint "Statement of Interest of the United States of America" (DOJ Statement) in support of injunctive relief in a district court patent case: Radian Memory Systems v. Samsung, et al., 24-cv-01073-JRG (E.D.TX.). The DOJ's Statement is a positive step to reframe how courts evaluate irreparable harm for all patent holders, including small-and-medium sized enterprises (SME) and licensing companies. The Statement signals a policy shift towards making injunctive relief easier to obtain and provides insight into how to frame a complaint and motion for preliminary injunction to achieve this goal. Below, we analyze the case background and takeaways, to show how SME and licensing companies may be able to position themselves best for injunctive relief. The DOJ's Statement may influence how courts nationwide treat injunction requests in patent cases, especially those involving SME with licensing-based