The DOJ has filed three Statements of Interest since late February 2026, building on its 2017 Antitrust-IP Guidelines. The filings clarify that standard-essential patents carry no presumption of market power and require case-by-case analysis. The specific positions taken in individual cases remain partially under seal or not yet fully detailed in public filings.
Patent litigators defending against antitrust challenges to SEP enforcement should note this shift. The DOJ's current posture materially strengthens arguments for injunctive relief and narrows antitrust exposure in patent disputes. Companies licensing standard-essential patents or facing antitrust counterclaims in infringement suits now operate in a more favorable enforcement environment. Practitioners should monitor how courts apply these principles in the pending cases, particularly as they address the intersection of licensing demands and market power allegations.