A Decade Of US Patent Reform Has Gone Too Far

By Boyd Lemna (August 15, 2018, 1:38 PM EDT) -- In 2006, the U.S. Supreme Court handed down a decision in eBay vs. Mercexchange which eliminated the strong presumption in favor of injunctive relief when a district court found a valid patent infringed. The eBay decision marked what many consider to be the starting point for a series of major changes to the U.S. patent system that together were intended to correct a major problem of then existing abusive patent litigation. Today there is no question that the changes have curbed abusive patent litigation. However, what many are now realizing is that those same changes have had a serious negative impact on the entire patent system and injure its ability to foster the innovation economy....

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