Patent Reform Act of 2005–July 26 Draft

A new draft of the Patent Reform Act of 2005 (HR 2795) has been circulated. Among other noteworthy aspects, this draft drops the limitations on injunctive relief–perhaps expedient to move the bill forward, but a disappointing omission IMO nonetheless. At the same time, if you missed it, eBay is seeking certiorari in the MercExchange lawsuit regarding the grant of injunctions while cases are on appeal. So we may see this injunctive relief issue pursued simultaneously in the courts and in Congress.

While I still think there’s merit to Patent Reform Act, its scope is being progressively narrowed through negotiations. In my opinion, this undercut the overall merit of the amendments.

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