Changes

Jump to navigation Jump to search
1 byte added ,  17:58, 19 February 2016
no edit summary
The Innovation Act was previously introduced in 2013, but the Senate did not respond with the introduction of a similar bill. In 2015, the House reintroduced the Innovation Act, and the Senate also introduced the similar PATENT Act.
 
GovTrack predicts that the Innovation Act has a 36% chance of being enacted.
==Summary==
*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.
The House Innovation Act and Senate Patent Act are very similar; both acts address abusive litigation through “increased transparency, more limited discovery, heightened pleading standards, and ‘loser pays’ fee shifting”. However, there has been a delay in the passing of the bills because of controversy surrounding the shifting of attorney fees. Fee shifting was originally suggested as a way to incentivize small firms and businesses that were being unfairly accused of patent infringement to bring the case to court, so that they would not have to pay their attorney fees. However, there have been arguments stating that fee shifting would actually increase the settlement rate of small businesses being accused of patent infringement, because they don’t want to take the risk of losing and paying for the winner’s attorneys’ fees, in addition to their own. [http://www.bna.com/debate-patent-reform-n17179934625/ (Bloomberg BNA)]
Anonymous user

Navigation menu