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Law360 Quotes Professor Cotter on Patent Injunction Bill
An August 22, 2024 Law360 article titled Patent Injunction Bill Has Potential to Reshape Disputes, discusses a bill pending in the House and Senate titled the “Realizing Engineering, Science and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act”. The Act would amend the U.S. Patent Act by creating a rebuttable presumption that the prevailing plaintiff in a patent infringement disputes is entitled to a permanent injunction. The article quotes Professor Tom Cotter, who notes among other things that injunctive relief generates both social benefits and social costs, and that one of the costs of enacting the bill is that it might provide some patent owners with undue leverage to extractive excessive royalties.