It is currently Thu Jun 20, 2019 3:13 PM


All times are UTC - 7 hours [ DST ]




Post new topic Reply to topic  [ 2 posts ] 
Author Message
 Post subject: Patent Troll Bill.
PostPosted: Sat Oct 26, 2013 1:24 PM 
10 Years? God im old!
10 Years? God im old!
User avatar

Joined: Sun Jun 22, 2008 10:58 AM
Posts: 877
It looks ok so far.

https://action.eff.org/o/9042/p/dia/action3/common/public/?action_KEY=9416

Quote:
Stop patent trolls. Support the Innovation Act of 2013.

The best patent troll-killing bill yet.

The Innovation Act of 2013, introduced by House Judiciary Committee Chairman Rep. Bob Goodlatte (R-VA) and co-sponsored by a bipartisan coalition, offers a host of fixes to the problem of patent trolls—whose abusive litigation has exploded in recent years, putting a drain on our innovation economy and harming innocent end users.

Patent trolls buy up patents and use them offensively against unsuspecting businesses—without creating or selling anything themselves. Making broad claims of infringement based on patents of questionable validity is the troll's favorite move. Most defendants choose to settle because patent litigation is risky and expensive—and trolls offer settlement amounts that, although still incredibly burdensome, are far cheaper than a lawsuit. Businesses who are targeted—including cafés running Wi-Fi, app developers, offices using scanners, and podcasters—lose both time and money, and innovation suffers.

Here's what the bill does:

Heightened Pleading: The bill requires patent holders to provide basic details (such as which patents and claims are at issue, as well as what products allegedly infringe and how) when it files a lawsuit.
Fee shifting: The bill allows for a court to require the loser in a patent case to pay the winning side's fees and costs. This makes it harder for trolls to use the extraordinary expense of patent litigation to force a settlement.

Transparency: The bill includes strong language requiring patent trolls to reveal the parties that would actually benefit from the litigation (called the real party in interest). Also, if the plaintiff is a shell-company patent troll, the defendant could require the real party in interest to join the litigation, forcing them to pay up if the patent troll can’t or won't pay.

Staying customer suits: The bill requires courts to stay patent litigation against customers (such as a café using an off-the-shelf router to provide Wi-Fi) when there is parallel litigation against the manufacturer.

Discovery reform: The bill shuts down expensive and often harassing discovery until the court has interpreted the patent, making it easier for defendants to dispose of frivolous cases early before the legal fees and court costs really add up.

Post-grant review: The bill expands an important avenue to challenge a patent's validity at the Patent Office (known as the transitional program for covered business method patents).

The bill is cosponsored by Reps. Zoe Lofgren (D-CA), Spencer Bachus (R-AL), Jason Chaffetz (R-UT), Howard Coble (R-NC), Peter Defazio (D-OR), Anna Eshoo (D-CA), Blake Farenthold (R-TX), Lamar Smith (R-TX), Tom Marino (R-PA), and George Holding (R-GA).

Help us stop patent trolls from gaming the system. Send a message to your representatives asking them to support the Innovation Act of 2013.


Top
Offline Profile  
 
 Post subject: Re: Patent Troll Bill.
PostPosted: Mon Oct 28, 2013 11:52 AM 
Trakanon is FFA!
Trakanon is FFA!
User avatar

Joined: Wed Dec 14, 2005 2:05 AM
Posts: 1460
Location: Seattle, WA
EQ1: Tranthas
WoW: Niali
This is HR 3309 in the House; it looks like the new and improved version of HR 2639, which was filed July 10th, spent two months in review by a judiciary committee, and was referred to a subcommittee on patents and the Internet on September 13th. The new bill appears to address several questions and challenges brought to HR 2639 in the review process.

While Farenthold is a cosponsor on both bills, Jeffries (who submitted the original bill) is not a cosponsor on the new bill, and I'm not sure why not.


Top
Offline Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 2 posts ] 

All times are UTC - 7 hours [ DST ]


Who is online

Users browsing this forum: No registered users and 2 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum

Search for:
Jump to:  
cron
Powered by phpBB® Forum Software © phpBB Group
Theme created StylerBB.net
Karma functions powered by Karma MOD © 2007, 2009 m157y