The RESTORE Patent Rights Act introduces the notion of a rebuttable presumption that patent owners who win infringement cases should receive injunctive relief, shifting the burden of proof.
Senator Tillis emphasized that the framework post-eBay hinders innovation, particularly affecting smaller companies, as they face significant barriers in protecting their intellectual property.
Two witnesses argued that the changes proposed by the RESTORE Act might not be sufficient to address the damages caused by the eBay decision, suggesting it retains benefits.
The ambiguities surrounding the impact of the eBay ruling on patent owners highlight a divisive debate on the efficacy of current patent law and its repercussions on innovation.
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