Goodlatte seeks to drop expansion of CBM review from anti-troll bill

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

Cookies Settings

Goodlatte seeks to drop expansion of CBM review from anti-troll bill

House Judiciary Chairman Bob Goodlatte introduced an amendment to his patent reform bill yesterday that would drop his plan to expand covered business method (CBM) review to software patents

House Judiciary Chairman Bob Goodlatte introduced an amendment to his patent reform bill yesterday that would drop his plan to expand covered business method (CBM) review to software patents.

The bill, known as the Innovation Act, was introduced by Goodlatte in October in an effort to curb patent trolls. Amongst other things, it would require more transparency from NPEs about their subsidiaries, patents and business practices.

The provision Goodlatte now wants to remove would have allowed parties accused of patent infringement to challenge the validity of the patent in question through a streamlined USPTO post-grant procedure. The process would have provided a cheaper and faster alternative to litigation for accused infringers seeking to get a patent invalidated.

At present, this procedure is only available for certain business method patents “covered” under Section 18 of the AIA via CBM review. The cost of having a pursuing invalidation under CBM review tends to be in the $100,000 to $300,000 range including the cost of attorneys and filings fees, compared to upwards of $1 million to pursue invalidation through litigation.

In addition, CBM review allows patents to be challenged as being too abstract, too broad or too vague, grounds that are not available for other post-grant procedures at the USPTO.

Goodlatte’s about-face may be the result of the efforts by lobbyists representing large corporations with a business model that depends on patents. In September, over 100 companies wrote a letter to Goodlatte and other members of the Committee on the Judiciary protesting against plans to expand CBM review.

Expanding CBM review to other types of patents has received support from some trade associations and has been suggested in other legislation designed to combat trolls, such as the Stopping the Offensive Use of Patents (STOP) Act.

more from across site and SHARED ros bottom lb

More from across our site

Junior lawyers aren’t unwilling to work hard, as some seniors believe; rather, they are rejecting traditional career advancement models that have limited payoff
Rebekah Gay discusses overcoming self-doubt, supporting the next generation of women lawyers, and how changing client demands are reshaping IP practice
New filing data suggests Germany's grip on UPC litigation remains strong, while Bardehle Pagenberg, Arnold Ruess, Hogan Lovells and Carpmaels notch up notable cases
In 27 years, KASS has expanded to seven countries in southeast Asia and is now eyeing further growth opportunities. Its CEO shares her perspective
Mine Güner discusses bridging law and business, taking the initiative, and why Taylor Swift helped put copyright on the map
Cindy Goh discusses why she launched Cheang & Ariff's IP department, the improving litigation environment in Malaysia and what to consider when using AI
Increased focus on adding patent litigation depth to the firm’s Dallas office was behind the boutique’s most recent hires
IPH's Canadian acquisitions are paying off on paper, but a couple of strong years may not be enough to show that the group's strategy has truly won over the market
Examiner statistics could help patent prosecution practitioners tailor strategies, turning an area of high variability into a potential competitive advantage
The England and Wales High Court’s ruling in Accord v Novartis may not rewrite the law on plausibility, but it does signal a pragmatic approach that could provide greater certainty for life sciences innovators
Gift this article