This bill proposes to amend title 35 of the United States Code, establishing a rebuttable presumption that a permanent injunction should be granted in patent infringement cases. The legislation aims to restore what it identifies as traditional judicial practice regarding injunctive relief for patent owners. The bill's findings suggest that the recent departure from this historical approach has weakened patent protections, reducing owners' ability to stop ongoing or willful infringement. This situation, it claims, creates incentives for larger companies to engage in predatory infringement, particularly against smaller inventors, startups, and universities. Specifically, the bill amends Section 283 of title 35, United States Code, to mandate that if a court enters a final judgment finding infringement, the patent owner is entitled to a rebuttable presumption that a permanent injunction should be issued. This provision effectively shifts the burden, requiring the infringer to demonstrate why an injunction is not warranted, rather than the patent owner proving its necessity.
This bill proposes to amend title 35 of the United States Code, establishing a rebuttable presumption that a permanent injunction should be granted in patent infringement cases. The legislation aims to restore what it identifies as traditional judicial practice regarding injunctive relief for patent owners. The bill's findings suggest that the recent departure from this historical approach has weakened patent protections, reducing owners' ability to stop ongoing or willful infringement. This situation, it claims, creates incentives for larger companies to engage in predatory infringement, particularly against smaller inventors, startups, and universities. Specifically, the bill amends Section 283 of title 35, United States Code, to mandate that if a court enters a final judgment finding infringement, the patent owner is entitled to a rebuttable presumption that a permanent injunction should be issued. This provision effectively shifts the burden, requiring the infringer to demonstrate why an injunction is not warranted, rather than the patent owner proving its necessity.