Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB708 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	II
2	2	119THCONGRESS
3	3	1
4	4	STSESSION S. 708
5	5	To amend title 35, United States Code, to establish a rebuttable presumption
6	6	that a permanent injunction should be granted in certain circumstances,
7	7	and for other purposes.
8	8	IN THE SENATE OF THE UNITED STATES
9	9	FEBRUARY25, 2025
10	10	Mr. C
11	11	OONS(for himself and Mr. COTTON) introduced the following bill; which
12	12	was read twice and referred to the Committee on the Judiciary
13	13	A BILL
14	14	To amend title 35, United States Code, to establish a rebut-
15	15	table presumption that a permanent injunction should
16	16	be granted in certain circumstances, and for other pur-
17	17	poses.
18	18	Be it enacted by the Senate and House of Representa-1
19	19	tives of the United States of America in Congress assembled, 2
20	20	SECTION 1. SHORT TITLE. 3
21	21	This Act may be cited as the ‘‘Realizing Engineering, 4
22	22	Science, and Technology Opportunities by Restoring Ex-5
23	23	clusive Patent Rights Act of 2025’’ or the ‘‘RESTORE 6
24	24	Patent Rights Act of 2025’’. 7
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27	27	•S 708 IS
28	28	SEC. 2. FINDINGS. 1
29	29	Congress finds the following: 2
30	30	(1) Securing effective and reliable patent pro-3
31	31	tection for new technologies is critical to maintaining 4
32	32	the competitive advantage of the United States in 5
33	33	the global innovation economy. 6
34	34	(2) The Constitution of the United States em-7
35	35	powers Congress to grant inventors the ‘‘exclusive 8
36	36	Right’’ to their inventions in order to ‘‘promote the 9
37	37	Progress of Science and the useful Arts’’. 10
38	38	(3) The right to prevent others from making, 11
39	39	using, offering to sell, selling, or importing a pat-12
40	40	ented invention without authority from the inventor 13
41	41	is the core of the patent right, ensuring that an in-14
42	42	ventor enjoys, for a limited time, the sole benefit of 15
43	43	the inventor’s invention or discovery. 16
44	44	(4) Congress and the courts of the United 17
45	45	States have long secured the constitutionally pro-18
46	46	tected patent right through the traditional equitable 19
47	47	remedy of an injunction. 20
48	48	(5) Given the irreparable harm that is caused 21
49	49	by multiple acts of infringement or willful infringe-22
50	50	ment of a patent, courts historically presumed that 23
51	51	an injunction should be granted to prevent such 24
52	52	acts, with a burden on defendants to rebut such a 25
53	53	presumption with standard equitable defenses. 26
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56	56	•S 708 IS
57	57	(6) Recently, courts have ended the approach 1
58	58	described in paragraph (5), which contradicts the 2
59	59	traditional, historical practice governing the equi-3
60	60	table remedy described in that paragraph. 4
61	61	(7) Eliminating the traditional, historical equi-5
62	62	table practice of applying a rebuttable presumption 6
63	63	of injunctive relief in the case of continuing acts of 7
64	64	infringement or willful infringement of a patent 8
65	65	has— 9
66	66	(A) substantially reduced the ability of pat-10
67	67	ent owners to obtain injunctions to stop con-11
68	68	tinuing or willful infringement of patents; and 12
69	69	(B) created incentives for large, multi-13
70	70	national companies to commit predatory acts of 14
71	71	infringement, especially with respect to patents 15
72	72	owned by undercapitalized entities, such as in-16
73	73	dividual inventors, institutions of higher edu-17
74	74	cation, startups, and small or medium-sized en-18
75	75	terprises. 19
76	76	SEC. 3. REBUTTABLE PRESUMPTION THAT INJUNCTIVE RE-20
77	77	LIEF IS WARRANTED. 21
78	78	Section 283 of title 35, United States Code, is 22
79	79	amended— 23
80	80	(1) by striking ‘‘The several’’ and inserting the 24
81	81	following: 25
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84	84	•S 708 IS
85	85	‘‘(a) INGENERAL.—The several’’; and 1
86	86	(2) by adding at the end the following: 2
87	87	‘‘(b) R
88	88	EBUTTABLE PRESUMPTION.—If, in a case 3
89	89	under this title, the court enters a final judgment finding 4
90	90	infringement of a right secured by patent, the patent 5
91	91	owner shall be entitled to a rebuttable presumption that 6
92	92	the court should grant a permanent injunction with re-7
93	93	spect to that infringing conduct.’’. 8
94	94	Æ
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