Injunction

(a) Amendment Section 283 of title 35, United States Code, is amended— (1) by striking The and inserting the following: (a) In general The; and (2) by adding at the end the following new subsection: (b) Permanent injunction (1) In general Upon a finding of infringement of a patent, the court shall presume that further infringement of the patent would cause the patent owner irreparable harm. This presumption may be overcome only by a showing of clear and convincing evidence by the infringing party that the patent owner would not be irreparably harmed by further infringement of the patent. The patent owner is not required to make or sell a product covered by the patent to show irreparable harm. (2) Patent owner defined In this subsection, a patent owner means the owner of the patent or an exclusive licensee of the patent.. (b) Sense of Congress It is the sense of Congress that this section abrogates the Supreme Court’s ruling in and subsequent lower court interpretations of eBay v. MercExchange, 547 U.S. 388 (2006), which has been applied as a de facto presumption against granting patent owners injunctive relief.