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

The move marks the latest step in Temu’s push to protect brands’ intellectual property by collaborating with industry groups and enforcement agencies. Managing IP learns about a rapidly scaling strategy and two success stories
A counterfeiting crackdown targeting fake FIFA World Cup merchandise and new partner hires by CMS, HGF and Winston Strawn were also among the top talking points
Law firms need to accept the hard truth: talent migration isn't personal; it's business as usual
Judge Alan Albright is to leave his role at the Western District of Texas, and could return to private practice
Stobbs has successfully seen off a contempt of court application filed against the firm and two of its lawyers
After almost a quarter of a century, Marshall Gerstein has a new managing partner
Abbott winning another round against Sinocare and Menarini, and 'long arm' clarification on the UK's position within the UPC, were also among major developments
Maria Peyman, head of IP at Birketts, explains why the firm is adopting a ‘seamless approach’ for clients by integrating two of its practice areas
Matthew Swinn, who leads the firm’s IP practice, discusses why Mallesons is well-placed to remain a major IP force
Lawyers at A&O Shearman analyse developments regarding UPC’s long-arm jurisdiction, including its scope and jurisdictional limits
Gift this article