Innovation Act

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H.R.9: Innovation Act (2015) (Congress) Summary

  • Heightened pleading requirements: must show how each limitation of each asserted claim in each asserted patent is found within each
  • Presumption of attorney fees: encourages judges to make a party pay attorney fees if lawsuit or claim is deemed frivolous
  • Transparency of ownership: requires plaintiffs to disclose the owner of the patent in question so the identity of the real parties behind the litigation is clear
    • Will ensure that patent trolls cannot hide behind a web of shell companies to avoid accountability for bringing frivolous litigation
  • Discovery limits: limit discovery in litigation until after a claim construction ruling
    • Aimed at reducing cost

GovTrack predicts that the Innovation Act has a 36% chance of being enacted.