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

IP firms say they have been educating some clients on AI use, with ‘knowledge-sharing’ becoming more prevalent
As the US patent system tilts further toward favouring patent owners, firms with a strong patentee focus can get ahead of the game
Amanda Yang and Rachel Tan at Rouse and Landy Jiang at Lusheng Law Firm provide an overview of the draft amendments to China’s trademark law
News of EIP launching an AI platform and a trade secret blow for TCS in the US were also among the top talking points
The four-partner addition includes A&O Shearman’s former co-head of global IP litigation
A settlement involving Disney and another ruling concerning a lawyer’s request for access to documents were also among the big developments
Merchant & Gould's managing partner explains why the firm launched a Boston office and why it brought on board a local boutique
The model covers court-guided settlements, submissions-led determination of infringement and validity issues, and provides leeway for the court to determine a FRAND rate during negotiations
Tie up between Belgium-based firms will create an outfit with almost 30 UPC representatives, and a tier one-ranked patent disputes team
Blank Rome’s launch in West Palm Beach, marked by the arrival of two IP partners, comes in response to rising demands from technology clients
Gift this article