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

Tatiana Campello reflects on 30 years of practising at the firm, and urges women IP attorneys to think beyond the day-to-day
A David v Goliath battle involving TikTok, and Via Licensing Alliance adding new members to its Voice Codec patent pool, were also among the top talking points
Latham & Watkins bolstered its IP litigation bench in California with the addition of Kieran Kieckhefer, as partner demand for trial-ready expertise shows no sign of slowing
With the launch of a new patent eligibility AI tool, Sterne Kessler is leading a growing movement of law firms taking AI development into their own hands
UPC cases are (very) gradually becoming more distributed across other local divisions outside Germany, which can only be good news for the pan-European forum
Clarification concerning jurisdictional reach and latest stats released by the court were also among the top talking points in recent weeks
Although unanimous decision by the top court clarifies several aspects of the honest concurrent use defence, practitioners say ambiguities remain
Tristan Sherliker says he hopes to solve an access to justice issue by making the automated court bundle tool free to use
The team, comprising two partners and one senior consultant, plans to offer “highly differentiated” services to clients
HGF’s new ownership model frees it from the hiring constraints of traditional partnerships, its CEO told Managing IP
Gift this article