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

Judiciary: Senate Committee — Intellectual Property Subcommittee · December 18, 2024
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Summary

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.

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).

Jacob Babcock, CEO of New Current, told the subcommittee his wireless‑power company lost access to a market when a Korean OEM and its suppliers reverse‑engineered his technology and distributed it widely. Babcock said it took “about 7 years after the initial infringement” to reach a settlement and that roughly “1,000,000,000 of dollars in value flowed overseas.” He argued that a presumption of injunctive relief would have made potential licensees and suppliers “more seriously consider” whether they had legal rights to use the technology, limiting proliferation and protecting the inventor’s ability to commercialize and attract investment.

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