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

Cookies Settings

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

Stephenson Harwood’s trademark prosecution push and patent ambitions could complement Taylor Wessing’s remaining but depleted European IP strength following its UK arm’s departure
Gerben IP’s first woman partner, Sophie Edbrooke, explains how boutique life allowed her to broaden her expertise, take on leadership responsibilities and carve out a route to the top
INTA has a right to protect its Annual Meeting, but making it harder for others to hold similar events risks leaving delegates with a bigger travel bill
The firm says it hopes to capture patent litigation work in Texas by arming itself with experienced trial lawyers with venue expertise
Ken Iijima's arrival continues a trend of ex-Pizzeys practitioners joining RnB IP, whose co-founder says independent ownership and a lucrative compensation model have become attractive in a consolidating market
McDermott Will & Schulte lawyers explore why the UPC is seeing rapid adoption by medtech for fast-moving disputes, while pharma and biotech take a cautious, selective approach over revocation risks
IP firms may be growing more comfortable with external capital, but uncertainty over who could ultimately own the business is complicating the investment pitch
The former Western District of Texas judge addresses perceptions of his courtroom, reveals what comes next as he returns to practice at A&O Shearman and explains why marathon running is ‘cathartic’
International Anti-Counterfeiting Coalition says it has been blocked from hosting its annual event in the city, ending a long tradition of holding the gathering in the days leading up to INTA’s flagship event
The ITC is a powerful tool for litigators, practitioners say, as the threat of an exclusion order on a critical tech component could mean disrupting the entire data centre's operations
Gift this article