Innovation Act

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

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.