Senate IP Subcommittee Hears Split Over One‑Sentence Restore Patent Rights Act

Dec 18, 2024

A Senate Judiciary intellectual property subcommittee hearing featured four witnesses split over the Restore Patent Rights Act, which would create a rebuttable presumption favoring injunctions for proven patent infringement; supporters said it protects small inventors, opponents warned it could empower patent assertion entities and chill innovation in complex tech markets.

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Chairman Koontz convened the intellectual property subcommittee to consider the Restore Patent Rights Act, a one‑sentence proposal cosponsored by Senator Cotton that would create a rebuttable presumption that a patent owner should receive an injunction after proving infringement. Proponents said restoring that presumption would deter so‑called “predatory” infringement and help undercapitalized inventors; opponents said it would reverse beneficial effects of the Supreme Court’s 2006 eBay decision and could advantage patent assertion entities (PAEs).

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