Access practice tools, as well as industry leading news, customizable alerts, dockets, and primary content, including a comprehensive collection of case law, dockets, and regulations. Leverage...
July 21 — Legislation backed by some technology companies to curb nuisance patent suits will not be voted on in Congress this summer amid opposition from a conservative organization and demands for change from some businesses.
“I don’t have anything scheduled between then and now,” House Majority Leader Kevin McCarthy (R-Calif.) said, referring to the month-long August recess that begins July 31. “I think there’s more work to be done on [the bill, H.R. 9].”
Senate Majority Whip John Cornyn (R-Texas), a drafter of the Senate version, said a companion bill (S. 1137) may face a vote “hopefully after August.”
Supporters of the legislation, including Google Inc., Cisco Systems Inc., Rackspace Hosting Inc. and retailers, had been hoping for passage as early as this week after a similar bill passed the previous session of Congress with overwhelming support.
Bills in both houses would require patent owners to provide more information on infringement claims and make it more likely than today that the loser would pay the winner's legal fees. The goal is to make it cheaper and easier to fend of lawsuits in which owners of low-quality patents try to use the court system's complexity to extract cash from businesses.
Universities and some patent-heavy tech companies such as Qualcomm Inc. warn the provisions might be too onerous for small companies trying to protect products from copycats. Venture capital firms are split over the bill.
The drug and biotechnology industries are pushing for a separate provision that would insulate their members from reviews at the U.S. Patent and Trademark Office of already issued patents. That procedure has been called a “death squad” due to the high rate of patent cancellations.
Last week, House Judiciary Chairman Bob Goodlatte (R-Va.) was given a week to drum up support for the bill and said it was “clear some members still have concerns.”
The tug of war between limiting lawsuits and promoting innovation has historically crossed party lines, with politicians more likely to take positions based on which companies are in their districts.
It has become political. Heritage Action, a group that lobbies for what it calls “conservative policy visions,” on Monday came out against H.R. 9, saying the patent system should instead take time to adjust to changes created in a sweeping 2011 overhaul—the America Invents Act.
To contact the editor responsible for this story: Jon Morgan at firstname.lastname@example.org
©2015 Bloomberg L.P. All rights reserved. Used with permission
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)