The pace of patent litigation reform is speeding up

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

The pace of patent litigation reform is speeding up

It was the day before the AIPLA Annual Meeting and, while IP lawyers busied themselves networking at the Marriott Wardman Park, over on Capitol Hill Chairman Goodlatte was revealing the Innovation Act. Just a month on, his bill has made remarkable progress

goodlatte-200.jpg

As we reported last week, the House Judiciary Committee has marked up the bill, and we learned yesterday that it will be debated in the House of Representatives on December 4 – exactly six weeks after it was proposed. That’s supersonic pace. Meanwhile, Senator Leahy has introduced a parallel bill in the Senate.

Why the rush? The reasons might be partly political – out-of-favour members of Congress have identified a populist cause – but the legislation also addresses needs felt strongly by many companies and patent commentators. That came over very clearly in the interview with Allen Lo of Google that we published last week and in a blog post where Horacio Gutierrez of Microsoft said his company backs the Innovation Act. And this week 60 IP professors suggested six reforms that are very similar to what is being discussed in Congress.

There are still many sceptics of course. But last week’s markup suggested that we are getting close to a compromise. Notably, the expansion of the CBM programme (which Google strongly supported) has been removed. That always seemed like a proposal that was ripe for negotiation: CBM is too recent, and is still regarded with some suspicion, for an expansion to be widely welcomed.

There’s still a long way to go. There may be further contributions in the House of Representatives, and the Senate still has a lot of work to do before we will see unified legislation. But we can fairly confidently predict both that there will be an Act passed in the next year or so, and that it will to a large extent resemble Goodatte’s (right) bill.

Whether the reforms eventually passed will address the problems identified – or whether those who abuse patent litigation will just find new ways round them – is of course another question entirely.

more from across site and SHARED ros bottom lb

More from across our site

News of Avanci Video signing its first video licence and a win for patent innovators in Australia were also among the top talking points
Tom Melsheimer, part of a nine-partner team to join King & Spalding from Winston & Strawn, says the move reflects Texas’s appeal as a venue for high-stakes patent litigation
AI patents and dairy trademarks are at the centre of two judgments to be handed down next week
Jennifer Che explains how taking on the managing director role at her firm has offered a new perspective, and why Hong Kong is seeing a life sciences boom
AG Barr acquires drinks makers Fentimans and Frobishers, in deals worth more than £50m in total
Tarun Khurana at Khurana & Khurana says corporates must take the lead if patent filing activity is to truly translate into innovation
Michael Moore, head of legal at Glean AI, discusses how in-house IP teams can use AI while protecting enforceability
Counsel for SEP owners and implementers are keeping an eye on the case, which could help shape patent enforcement strategy for years to come
Jacob Schroeder explains how he and his team secured victory for Promptu in a long-running patent infringement battle with Comcast
After Matthew McConaughey registered trademarks to protect his voice and likeness against AI use, lawyers at Skadden explore the options available for celebrities keen to protect their image
Gift this article