Patent Law Weblog
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- Apple v. Squires: USPTO Director Has Unlimited Discretion on IPR Institution
- The Ghost in the Machine: Why GenAI Can Be Both a Brilliant Researcher and a Terrible Advocate
- Bayer Files Suit Against Trio of COVID-19 Vaccine Makers
- Allen v. Cooper (4th Cir. 2026)
- To Require an Inventor ID, or Not to Require an Inventor ID – That Is the Question
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Category: Patent Legislation
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By Andrew Williams — There has been a flurry activity recently in both the House and Senate aimed at addressing the perceived patent-troll problem. We have recently reported on the introduction of both the "Innovation Act," from Rep. Bob Goodlatte (R-Va), and the "Patent Litigation Integrity Act," from Sen. Orrin Hatch (R-Utah). The Goodlatte bill…
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By Andrew Williams — Just in time for Halloween, Senator Orrin Hatch (R-Utah) has introduced yet another piece of legislation to combat the perceived "patent troll" problem. The Patent Litigation Integrity Act (S. 1612) is aimed at shifting the reasonable fees and other expenses from the prevailing party in patent litigations to the non-prevailing party,…
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By Andrew Williams — Earlier today, the House Committee on the Judiciary held a hearing to discuss the Innovation Act (H.R. 3309), a bill that was introduced last week by the Chairman of the Committee, Rep. Bob Goodlatte (R-VA). The Committee invited four witnesses to provide testimony on the issues addressed by the Bill: Mr.…
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By Andrew Williams — After releasing two "discussion drafts," Rep. Bob Goodlatte (R-VA) (at right), the Chairman of the House Committee on the Judiciary, finally introduced a bill in the House on October 23, 2013, with the non-descript title of "Innovation Act." Rep. Goodlatte had released his first discussion draft on May 23, 2013, and…
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By Andrew Williams — In order to combat the perceived "patent troll" problem, members of Congress in both the House and the Senate introduced bills last spring aimed at addressing abusive patent litigation tactics. One of the more comprehensive "discussion drafts" was released on May 23, 2013 by Rep. Bob Goodlatte (R-VA), the Chairman of…
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By Donald Zuhn — Last week, a coalition of more than 100 companies and organizations including the Biotechnology Industry Organization (BIO), the California Healthcare Institute (CHI), and Eli Lilly & Company, sent a letter to Congressional leaders to express their "opposition to recent legislative proposals expanding the America Invents Act's 'covered business method patent' program." The…
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By Andrew Williams — In case it was not clear that Congress is serious about combatting the perceived problem of "patent trolls," Sen. Patrick Leahy (Vermont) and Sen. Mike Lee (Utah) published an opinion piece this week on the POLITICO.com website, which is now entitled "America's Patent Problem." Both Senators are members of the Senate…
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Editor's Note: Yesterday, we reported on a perspective, entitled "Patents, Profits, and the American People — The Bayh–Dole Act of 1980," that was published in the August 29 issue of the New England Journal of Medicine. Earlier today, we received an e-mail from Joseph Allen, who noted that he had authored a reply to the…
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By Donald Zuhn — In a perspective published in the August 29 issue of the New England Journal of Medicine, Dr. Howard Markel outlines the events leading up to the enactment of the Bayh-Dole Act and states that "a review of [the Act's] origins and consequences supports the idea that policies governing the fast-changing worlds…
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By Donald Zuhn — Last week, Rep. Hakeem Jeffries (D-NY) introduced the "Patent Litigation and Innovation Act of 2013" (H.R. 2639) in the House. The bill, which would add procedural requirements for patent infringement suits, is related to the "Patent Abuse Reduction Act of 2013" (S. 1013), which was introduced in the Senate in May…
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