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 2025

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

AJ Park’s owner, IPH, announced earlier this week that Steve Mitchell will take the reins of the New Zealand-based firm in January
Chris Adamson and Milli Bouri of Adamson & Partners join us to discuss IP market trends and what law firm and in-house clients are looking for
Noemi Parrotta, chair of the European subcommittee within INTA's International Amicus Committee, explains why the General Court’s decision in the Iceland case could make it impossible to protect country names as trademarks
Inès Garlantezec, who became principal of the firm’s Luxembourg office earlier this year, discusses what's been keeping her busy, including settling a long-running case
In the sixth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP Futures, a network for early-career stage IP professionals
Rachel Cohen has reunited with her former colleagues to strengthen Weil’s IP litigation and strategy work
McKool Smith’s Jennifer Truelove explains how a joint effort between her firm and Irell & Manella secured a win for their client against Samsung
Tilleke & Gibbins topped the leaderboard with four awards across the region, while Anand & Anand and Kim & Chang emerged as outstanding domestic firms
News of a new addition to Via LA’s Qi wireless charging patent pool, and potential fee increases at the UKIPO were also among the top talking points
The keenly awaited ruling should act as a ‘call to arms’ for a much-needed evolution of UK copyright law, says Rebecca Newman at Addleshaw Goddard
Gift this article