Recently, in the matter of Radian Memory Systems LLC, v. Samsung Electronics Co., Ltd., and Samsung Electronics America, Inc. (E.D. Texas, 2024), a Statement of Interest (SOI) was filed by the United States of America setting forth the views of the U.S. Patent and Trademark Office (USPTO) and the U.S. Department of Justice (DOJ), Antitrust Division, regarding “how to assess whether a plaintiff alleging patent infringement has demonstrated a likelihood of irreparable harm under the four-factor test for a preliminary injunction under Supreme Court and Federal Circuit precedent.”
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