Bill to Lower Bar for Patent Injunction Re-Sparks ‘Troll’ Fight

Legislation to overturn an 18-year-old high court precedent and make it easier for patent owners to block infringing products from the market reignited a debate that deeply divides the country’s patent bar.

The RESTORE Patent Rights Act, unveiled last month by Sen. Chris Coons (D-Del.), would override the US Supreme Court’s 2006 decision in eBay v. MercExchange, where it said plaintiffs must satisfy a four-part test before winning injunctions that can shut down assembly lines or pull products off store shelves. The ruling—particularly a concurrence from Justice Anthony Kennedy that focused on companies known as non-practicing entities that ...