Stephen Kunin: Restoring Patent Rights: Innovation, Legislation, and the Future of IP Protection

On Intellectual Property

In this episode, Jeff Harty and Stephen Kunin discuss:

• The RESTORE Act and injunctive relief in patent cases
• Reforming patent subject matter eligibility through PERA
• The current landscape of innovation protection
• How patent protection in the United States stacks up with other countries

Key Takeaways:

• The RESTORE Act aims to modify injunctive relief by creating a rebuttable presumption that shifts the burden of proof to accused infringers, potentially making it easier for patent owners to obtain injunctions after proving infringement.
• PERA (Patent Eligibility Restoration Act) seeks to provide greater clarity in patent subject matter eligibility by eliminating judge-made exclusions and specifically defining what cannot be patented.
• The current U.S. patent landscape is seen as less innovation friendly compared to other key countries, with the United States applying stricter standards for patent eligibility, especially in areas such as software, computer technologies, and life sciences.
• Both the RESTORE Act and PERA are attempts to address perceived weaknesses in the U.S. patent system, with the goal of making patent protection more predictable and supportive of innovation, particularly for non-practicing entities such as universities and independent inventors.

“Post-eBay, essentially, there is no presumption [regarding] injunctive relief. In fact, you had to apply the four-factor test that’s applied for temporary restraining orders and preliminary injunctions to attain such relief.” —Stephen Kunin

Connect with Stephen Kunin:

Website: https://maierandmaier.com/staff/stephen-kunin/

If you missed it, check out our first episode with Jay Kesan: The PTAB And The Impact Of Post-Issuance Invalidity Proceedings With Jay Kesan

Connect with Jeff Harty:

Website: https://nyemaster.com/attorney-directory/jeffrey-d-harty/

Email: [email protected]

LinkedIn: https://www.linkedin.com/in/jeff-harty-5a9a1643/