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

Max Scott will join the firm’s IP transactions group in California, becoming the latest Weil IP partner to secure their future
Yonatan Drori, attorney at Drori-Stav IP in Israel, explains why foreign counsel must treat Israel’s patent disclosure requirements as an ongoing obligation, rather than a one-off formality
From Japan to Southeast Asia, domestic and regional firms picked up some of the biggest prizes, while key foreign players maintained momentum
Earlier this month, Managing IP had exclusively reported that the French arm of Taylor Wessing was minded to pull out of the deal
Our latest podcast examines how Weil’s IP practice evolved, where its practitioners could (and will) go next, and which firms and markets stand to benefit from the redistribution of talent
Former Latham partner Chris Henry and transactions lawyer Liza Cotter are heading to the firm as Weil’s IP practice starts to disperse
Rival IP teams return to court for a closely watched appeal over AI and copyright, but observers hoping for answers to some of the technology’s biggest legal questions may be left disappointed
Eight years after its launch, members of the Australian patent firm’s Singapore office explain its growth strategy over the past year
Lawyers at Bowmans Kenya discuss the digital blind spots posed by the transition from physical ledgers to cloud databases and digital co-development models
The Powell Gilbert co-founder discusses the confidence required to launch a firm, building an enduring patent litigation practice and why developing the next generation has changed her measure of success
Gift this article