by Dennis Crouch
Two centuries before Samsung put 4G/5G receiver algorithms into its Galaxy smartphones, the Lord Chancellor was granting injunctions to stop patent infringement in England's Court of Chancery. That historical practice is now at the center of a(nother) frontal challenge to the post-eBay injunction framework, with the U.S. government weighing in for a third time to support NPE access to injunctive relief.
On February 27, 2026, Judge Gilstrap of the Eastern District of Texas received two filings in Collision Communications, Inc. v. Samsung Electronics Co., No. 2:23-cv-00587-JRG (E.D. Tex.): a Statement of Interest from the DOJ Antitrust Division and USPTO supporting injunctive relief for non-practicing patent owners, and Collision's own motion for a permanent injunction that goes much further than the government's position. The Collision argues that the Supreme Court's 2025 decision in Trump v. CASA, Inc., 606 U.S. 831 (2025) offers the opportunity to revisit seemingly settled law -- particularly that case requires courts to apply 18th-century Chancery practice when evaluating the eBay four-factor test. And, historians suggest that if that history is examined then the result will be a presumption that ongoing patent infringement is irreparable harm as a matter of law. If Judge Gilstrap accepts this argument, it would effectively reverse two decades of Federal Circuit precedent limiting NPE injunctions.
In my mind, the question is largely whether the Supreme Court is genuinely committed to recovering the historical principles of equity or instead invoking that history as a tool to reach today's policy goals.
Read the briefs here:
To continue reading, become a Patently-O member. Already a member? Simply log in to access the full post.