Washington – A bill that would overturn a unanimous Supreme Court decision protecting defendants from inappropriate injunctive relief was introduced in the Senate Tuesday. The Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2024 would reverse the 2006 eBay decision.
The legislation from Sens. Chris Coons, D-Del and Tom Cotton, R-Ark., would allow patent owners to stop sales and shut down manufacturing of a product without having to prove irreparable harm, a requirement that applies almost universally in American law. The Computer & Communications Industry Association’s Josh Landau testified against a similar attempt in 2019 to overturn the eBay decision.
The following can be attributed to CCIA Senior Counsel for Innovation Policy Josh Landau:
“Those who support innovation and American manufacturing should be defending the production of real products and services from dubious claims by non-practicing entities like patent trolls that produce more lawsuits than products. The bill would make it harder for innovators to defend themselves, which would effectively lead to significant incentives to keep manufacturing outside of the United States.”