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RESTORE Patent Rights Act of 2025

3/21/2025, 4:49 PM

Summary of Bill S 708

Bill 119 s 708, also known as the "Permanent Injunction Act," aims to make changes to title 35 of the United States Code. The main purpose of this bill is to create a rebuttable presumption that a permanent injunction should be granted in certain situations. This means that in cases where a party is found to have infringed on someone else's intellectual property rights, there would be a strong presumption that a permanent injunction should be issued to stop the infringing activity.

The bill seeks to provide more protection for intellectual property rights holders by making it easier for them to obtain permanent injunctions against infringers. This would help to prevent further harm to the rights holder and deter future infringement.

In addition to establishing this rebuttable presumption, the bill also includes provisions for other purposes related to intellectual property rights. The specifics of these other purposes are not detailed in the summary provided. Overall, Bill 119 s 708 is aimed at strengthening the protection of intellectual property rights by making it easier for rights holders to obtain permanent injunctions against infringers. It is important to note that this summary provides a factual overview of the bill and does not take a stance on its potential impact or implications.

Congressional Summary of S 708

Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive Patent Rights Act of 2025 or the RESTORE Patent Rights Act of 2025

This bill establishes a rebuttable presumption for injunctive relief in patent infringement cases. Specifically, if a 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.

(In 2006, the U.S. Supreme Court held in eBay v. MercExchange that patent holders do not have an automatic right to a permanent injunction in a patent infringement case.)

Current Status of Bill S 708

Bill S 708 is currently in the status of Bill Introduced since February 25, 2025. Bill S 708 was introduced during Congress 119 and was introduced to the Senate on February 25, 2025.  Bill S 708's most recent activity was Read twice and referred to the Committee on the Judiciary. as of February 25, 2025

Bipartisan Support of Bill S 708

Total Number of Sponsors
3
Democrat Sponsors
3
Republican Sponsors
0
Unaffiliated Sponsors
0
Total Number of Cosponsors
1
Democrat Cosponsors
0
Republican Cosponsors
1
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill S 708

Primary Policy Focus

Commerce

Alternate Title(s) of Bill S 708

A bill to amend title 35, United States Code, to establish a rebuttable presumption that a permanent injunction should be granted in certain circumstances, and for other purposes.
A bill to amend title 35, United States Code, to establish a rebuttable presumption that a permanent injunction should be granted in certain circumstances, and for other purposes.

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