Innovation Act

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

The Innovation Act was introduced on February 5, 2015, by Representative Bob Goodlatte (R-VA). The bill was referred to the House Committee on the Judiciary and Subcommittee on the Courts, Intellectual Property, and the Internet, and was placed on the Union Calendar on July 29, 2015. Currently the bill has 27 cosponsors.

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.