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

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

AIPPI has pulled the plug on its planned 2027 World Congress, and INTA has seemingly committed to hosting a meeting there, but the concerns won’t abate
Despite being outspent by a wealthy opponent, a trial attorney at King & Spalding says ‘relentless pursuit of the truth’ helped his team secure a $420m damages award for mobile gaming client
190 drugs face loss of exclusivity between 2026 and 2030, with the list including Bristol Myers Squibb’s blood-thinning drug Eliquis and immunotherapy medication Opdivo
Nokia, represented by a team from Bird & Bird, adjudged to have made fair offer to Asus and Acer in UK SEP dispute
Azhar Sadique and Kane Ridley, who founded the London office in 2023, are now both working in legal tech and AI-related roles, while another UK-based lawyer has also left
Partner Pierre Pérot rejoins the firm he left in 2022 alongside another returning lawyer, associate Camille Abba
Vaping dispute, in which Stobbs and Brandsmiths are the representatives, tested how the UK's Human Rights Act can apply to injunctions restraining unjustified threats
An AI platform being sold for £40m, and lateral hires involving law firms Womble Bond Dickinson and Cadwell Thomas were among the top talking points
With the London Annual Meeting behind us, we look back at some of the lessons learned this week and ahead to what 2027 will bring
In-house counsel aren’t impressed with law firms’ international networks, but practitioners say they are crucial for business
Gift this article