Tuesday, 24 September 2013

Proposed Law Would Rein in 'Patent Troll' Litigation

Key players in the debate over U.S. government plans to rein in "patent trolls" are optimistic about draft legislation that Representative Bob Goodlatte (R-Va.) issued Monday, which aims to fight abusive litigation from the patent-assertion entities. But no one involved is ready to put away their red pens. BSA | The Software Alliance, the Electronic Frontier Foundation, and The Internet Association, as well as Intellectual Ventures Management—which its critics call one of the largest U.S. patent trolls—are reviewing the U.S. House of Representatives Judiciary Committee chairman's proposal to ensure it meets their expectations. The 47-page draft [PDF], dated September 6, is Goodlatte's second "discussion draft" bill this year on abusive patent litigation. Provisions in the bill include requirements that patent holders' initial complaints include the identification of the patents at issue, among other information; the payment of attorney's fees and costs become the responsibility of the loser in a patent case; and courts stay patent cases against manufacturers' customers when the makers are involved in parallel litigation. Affiliate publication Corporate Counsel has more.

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