On December 5, 2013, the House approved the Innovation Act, H.R. 3309, primarily intended to address abusive behavior by patent owners in infringement litigation. The bill passed by a bipartisan vote of 325-91.
Although the avowed purpose of the legislation is to control litigation by so-called patent trolls (A.K.A. non-practicing entities, or NPEs), the provisions focus on specific litigation behaviors and thus would affect all patent cases, regardless of the nature of the patent owner. The most controversial provisions would create a “loser pays” scheme in most cases and would dictate litigation discovery timing and content. Other, less controversial provisions, require greater transparency with regard to patent ownership, and impose more demanding requirements for pleading patent infringement.
To read the original article: The Innovation Act Re: Patent Infringement Litigation | The National Law Review
