A Bipartisan, Bicameral Bill Has Been Introduced to Restore Injunctive Relief for Patent Infringement

On February 26, 2025, a bipartisan, bicameral bill was introduced to restore injunctive relief for patent infringement. The bill is titled: “Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2025.” If enacted, the bill would restore the presumption that courts will issue an injunction to stop patent infringers. More specifically, the bill would amend Section 283 of title 35 of the United States Code by adding a rebuttable presumption as follows: “If, in a case under this title, the court enters a final judgment finding infringement of a right secured by patent, the patent owner shall be entitled to a rebuttable presumption that the court should grant a permanent injunction with respect to that infringing conduct.”