Changes
Jump to navigation
Jump to search
*===Heightened pleading requirements: must ===The Innovation Act requires patent owners to show how each limitation of each asserted claim in each asserted patent is found within each alleged infringement.*===Presumption of attorney fees: ===The act encourages judges to make a party pay attorney fees if the lawsuit or claim is deemed frivolous. *===Transparency of ownership: ===The Innovation Act requires plaintiffs to disclose the owner of the patent in question so the identity of the real parties behind the litigation is clear**Will . This will ensure that patent trolls cannot hide behind a web of shell companies to avoid accountability for bringing frivolous litigation.*===Discovery limits: ===The act would limit discovery in litigation until after a claim construction ruling**Aimed . This provision is aimed at reducing costthe costs of litigation.
→Summary
==Summary==
The House Innovation Act and Senate Patent Act are very similar; both acts address abusive litigation through “increased transparency, more limited discovery, heightened pleading standards, and ‘loser pays’ fee shifting”. However, there has been a delay in the passing of the bills because of controversy surrounding the shifting of attorney fees. Fee shifting was originally suggested as a way to incentivize small firms and businesses that were being unfairly accused of patent infringement to bring the case to court, so that they would not have to pay their attorney fees. However, there have been arguments stating that fee shifting would actually increase the settlement rate of small businesses being accused of patent infringement, because they don’t want to take the risk of losing and paying for the winner’s attorneys’ fees, in addition to their own. [http://www.bna.com/debate-patent-reform-n17179934625/ (Bloomberg BNA)]
