Obtaining injunctive relief in patent cases has become significantly more difficult and significantly more rare. A recent study found that requests for permanent injunctions in patent cases fell by 65% for companies that use their patented technology to manufacture a product; grants of permanent injunctions to those companies fell by an even greater amount. Requests and grants for licensing patent owners like universities and research clinics dropped even further: Requests fell by 85% and grants fell by 90%.
The RESTORE Patent Rights Act would undo the damage of the eBay decision by returning to patent owners a rebuttable presumption that an injunction is warranted after a court makes a final ruling that their rights are being infringed. This would deter predatory infringers and restore meaning to the right to exclude.
The RESTORE Patent Rights Act is endorsed by the Innovation Alliance, Alliance of U.S. Startups & Inventors for Jobs, Association of University Technology Managers, Council for Innovation Promotion, Americans for Limited Government, Eagle Forum, Market Institute, and Conservatives for Property Rights.
