Contact Us


    Impending Patent Reform Raises Concerns

    According to an online article, Inside Counsel, there are growing concerns surrounding the patent reform that will be enacted this year.

    A review of a bill, called the Innovation Act, was expected on June 11th. The Senate Judiciary Committee has previously reported a separate bill. The full Senate will consider it in due course.

    An important component of the two bills is the attempt to reduce the potential for frivolous lawsuits brought by non-practicing parties that are typically referred to as patent trolls. The Judiciary Committee has made considerable progress in forging legislative provisions for deterring adverse behaviors, even as it attempts to safeguard patent owners’ good-faith enforcement activities.

    Nevertheless, both bills raise a number of concerns, and could impact Palm Spring commercial litigation.

    The Judiciary Committee approved the Senate bill with a 16 – 4 vote. It includes provisions relating to:

    – Fee Shifting
    – Disclosures
    – Heightened pleadings
    – Reduction of litigation costs
    – The prevention of abusive demand letters
    – Stays of suits with relating to customers

    In addition, the Senate bill seeks to change how post-grant review procedures are conducted at the United States Patent and Trademark Office/USPTO.

    One of the main concerns, according to the Computer & Communications Industry Association’s patent counsel, Matthew Levy, relates to the provisions that modify inter parties reviews at USPTO. Previously, IPRs have been an effective and economical tool to weed out bad patents and to stop patent troll, but the proposed reform to IPR in the bill would greatly limit the program’s effectiveness.

    Spread the love

    Comments are closed.

    Palm Springs

    Indian Wells

    Orange County

    San Diego

    New Jersey

    New York

    Palm Springs
    1800 East Tahquitz Canyon Way
    Palm Springs, CA 92262
    Indian Wells
    74785 Hwy 111, Ste. 105
    Indian Wells, CA 92210
    Orange County
    650 Town Center Drive, Ste. 1400
    Costa Mesa, CA 92626
    San Diego
    121 Broadway, Suite 553
    San Diego, California 92101
    New Jersey
    103 Carnegie Center Blvd., Ste. 300
    Princeton, NJ 08540
    New York
    405 Lexington Avenue, 26th Floor
    New York, New York
    Palm Springs California Law Firm