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ARTICLE · 11 SEPTEMBER 2024

Patent Litigation Defendants Beware: RESTORE Patent Rights Act

A&O Shearman
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The Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2024 aims to address a growing concern in the innovation ecosystem...

United StatesIntellectual Property
A&O Shearman
A&O Shearman
Trey Hebert
Trey Hebert
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Are injunctions back as a matter of law in all patent cases?

The Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2024 aims to address a growing concern in the innovation ecosystem: the diminishing power of injunctive relief in patent infringement cases. This is great news for patent plaintiffs and may cause concerns for those faced with patent lawsuits from non-practicing entities.

The Challenge: Eroding Patent Protections

Following the Supreme Court's 2006 decision in eBay v. MercExchange, obtaining permanent injunctions in patent infringement cases has become increasingly difficult. According to materials released by the bill sponsors, this shift has had profound implications:

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