Posts Tagged: "HR 3309"

Patent Reform: Will Fee-Shifting Solve the Patent Troll Problem?

Will these regulations make it less likely that a patent troll might take on a frivolous lawsuit? Perhaps, but it may also result in a higher win percentage for plaintiffs who only take sure bets to court, and those plaintiffs will be in line to obtain payment of their attorneys fees as well. Also, there’s nothing to prevent the most nefarious actors, the true trolls who only intend to reap money from patents regardless of infringement, from deciding to go bankrupt and not pay fees if they lose. Still others who are extremely well funded are likely be to able to purchase patents for pennies on the dollar, building enormous portfolios that will make the Intellectual Ventures portfolio look small in comparison. Will big-tech fight against such well funded super patent trolls? If the don’t then what good does fee-shifting do? You have to win to obtain the fees, so there is a real possibility that this legislation will not only fail to cure the problem but instead make it worse while destroying the smaller players who are the real innovators.

House Passes Innovation Act, Battle Goes to Senate

A brake-down of the major provisions, the Amendments that passed and some key Amendments that failed… On Thursday, December 5, 2013, the United States House of Representatives passed the Innovation Act by a vote of 325-91. Surprisingly, the Innovation Act (HR 3309) had only been introduced on October 23, 2013, and was marked-up on November 20, 2013. “This schedule suggests the fix was in,” said Congressman Dana Rohrabacher (R-CA) on December 3, 2013, “The clear message to little inventors: give thanks for your intellectual property rights, because you may not have them by this time next year.”

Kamen, Michelson Warn Innovation Act will Block Next Generation Technologies

Dean Kamen: “I have a lot of concerns [that H.R. 3309] will serve to dramatically increase the barriers – especially for small inventors – to be able to get and protect their intellectual property, which as a consequence will prevent the public from getting access to what should become the next generation of great technology that will deal with all issues – health care, environment and education…If anything this country should be finding ways to strengthen the patent system in the global competitive environment, not make it harder to get and protect intellectual property. We need to add incentives, not add barriers.”

Patent Reform: House Holds Hearing on “Innovation Act”

The hearing focused on the effect the Innovation Act would have on the problem of abusive litigation practices and on the patent system as a whole. Three central themes emerged from the hearing: 1) there is an urgent need to fully fund the PTO; 2) significant skepticism remains about expansion of the Covered Business Method (“CBM”) program; and 3) some of the more technical aspects of the Innovation Act would help rid the patent system of expensive and wasteful lawsuits. Divergence of opinion remained among the Members, however, about whether Congress should address fee shifting at this time or wait for the Supreme Court to hear the two fee shifting cases before it, although the witnesses agreed that legislation on fee shifting would be helpful, and Congress should proceed with legislation on this front.