Limiting Injunctive Relief

The PIA Viewpoint

This provision is really a form of compulsory licensing and may well be classified as a regulatory taking. This provision unconstitutionally undercuts the "exclusive rights of authors and inventors" granted under valid patents by allowing the courts to determine "equity" in considering "fairness of the remedy in light of all the facts and the relevant interest of the parties associated with the invention." Patent holders see no distinctions, categories, or degrees associated with the concept of infringement.