Happy Friday! Lots of news this week.
On Tuesday, the Supreme Court issued two unanimous opinions overturning the Federal Circuit, Highmark and Octane Fitness, recognizing the importance of fee-shifting in curbing abusive litigation. This week we also reported on district court decisions against Intellectual Ventures, MPHJ, and Rockstar. This action in the courts truly demonstrates the need for patent reform in the Senate.
The Senate’s markup scheduled for yesterday was delayed again, and the Manager’s amendment has not yet been released, but progress is still happening behind the scenes. Senator Leahy said that he’s been working with other Judiciary members and addressing stakeholder comments, and that he is “encouraged by the progress that has been made over the recess.” Some of the comments may have been calls for “balance” from universities and the Innovation Alliance, although much of that has been addressed. And there are a lot of voices calling for reform. On Wednesday, nearly 400 companies and organizations sent a letter supporting the Senate’s actions on patent reform.
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