1. What Happened?
On June 24, 2025 the U.S. Department of Justice (DOJ) Antitrust Division and the U.S. Patent & Trademark Office (USPTO) jointly filed a rare Statement of Interest in Radian Memory Systems LLC v. Samsung pending in the Eastern District of Texas.
The 24‑page brief urges the court to recognize that even a non‑manufacturing patent owner can suffer irreparable harmand therefore deserves the possibility of an injunction against an infringer.
In plain English, the two federal agencies are telling judges:
“Don’t assume money damages are enough—blocking orders are often the only way small innovators can protect their technology.”
2. Why Patent Professionals Are Calling This a “Tactic Shift”
Historically, courts grew skeptical of injunctions after the Supreme Court’s eBay v. MercExchange decision (2006). Large implementers could infringe, litigate for years, then cut a check.
The new DOJ/USPTO brief reframes that narrative:
- Patents are unique property. Valuing a license after the fact is “a difficult judicial chore” that often short‑changes inventors.
- Loss of control = irreparable harm. When a start‑up loses the ability to decide who may use its invention and on what terms, market opportunities disappear forever.
- Injunctions restore balance. Letting courts block ongoing infringement pushes would‑be infringers to negotiate fair licenses up front instead of practicing “efficient infringement.”
For entrepreneurs and investors, the message is clear: well‑drafted, well‑prosecuted patents are becoming more enforceable—and therefore more valuable—than they have been in nearly two decades.
3. Implications for Early‑Stage Ventures
- Negotiation Leverage Jumps. Venture capital and strategic partners weigh patent enforceability heavily. An increased likelihood of injunctions lifts valuations.
- Quicker Market Entry Deals. Potential licensees will think twice before copying first and bargaining later. Start‑ups can secure licensing revenue or design‑win slots sooner.
- Funding Justification. Strong patents backed by a proactive patent law firm help justify larger seed rounds—investors know the technology can’t be so easily commoditized.
4. What It Means for Mid‑Market and Fortune 500 Companies
- Freedom‑to‑Operate Analyses Matter More. The cost of ignoring a smaller player’s portfolio just went up.
- Portfolio Gap Audits. Companies need a sophisticated filing and acquisition plan to avoid being on the wrong end of an injunction.
- Strategic Licensing. With exclusionary remedies back in vogue, cross‑licenses and design‑around roadmaps regain strategic importance.
5. Five Action Steps From a Colorado Patent Lawyer
| Action | Why It’s Urgent Now |
|---|---|
| File Early, File Often. | Provisional filings secure priority before investor or customer demos. |
| Draft With Enforcement in Mind. | Claim sets should cover both core products and foreseeable design‑arounds. |
| Document Commercial Plans. | Showing the court you intend to practice or license supports injunction arguments. |
| Monitor Competitors Proactively. | Fast detection of infringement allows you to seek early injunctive relief. |
| Engage Local Counsel. | A Denver patent lawyer with courtroom experience can tailor strategies to Federal Circuit trends and the evolving USPTO environment. |
6. How Schell IP Can Help
Schell IP is a boutique patent law firm headquartered in Denver, Colorado. We combine top-tier corporate prosecution experience with aggressive enforcement know‑how:
- Strategic Drafting & Prosecution – from provisional to issued patent
- Freedom‑to‑Operate & Design‑Around Counseling
- Cease‑and‑Desist, Licensing, and Litigation Support
Whether you’re a two‑founder SaaS venture or a global manufacturer, we build portfolios that deter copycats and attract capital.
Ready to Future‑Proof Your Innovation?
Speak with a Denver patent lawyer who understands the new enforcement landscape.
Call 720-419-1296 or send us a note to schedule a complimentary strategy session today.
Disclaimer: This post is for informational purposes only and does not constitute legal advice.
