Tag Archive for legislation

Massachusetts Re-Introduces Bad Faith Demand Letter Bill

Across the United States, two-thirds of all states have introduced legislation that targets bad faith patent assertion by entities like MPHJ and Shipping and Transit.  Massachusetts State Sen. Eric Lesser and State Rep. Lori Ehrlich are trying to make Massachusetts the most recent state to join this club.

RALIA Would Take Us Back To The Patent Law Stone Age

At the end of June, Rep. Thomas Massie (R-KY) introduced the “Restoring America’s Leadership in Innovation Act of 2018,” H.R. 6264 (RALIA).  RALIA, rather than restoring American innovation, aims to overturn the advances in American patent law that help protect innovation.  Last week, I addressed Rep. Rohrabacher’s ‘Inventor Protection Act’ (IPA) [1][2], and I’ve previously…

Finding A Few Problems In New “Inventor Protection Act”

There’s a bit of a glut of anti-innovation bills in Congress right now, ranging from the STRONGER Patents Act to Rep. Massie’s RALIA bill (which I hope to write about at a later date) and now, Rep. Rohrabacher’s H.R. 6557, the “Inventor Protection Act.”1   The bill begins with legislative findings.  Unfortunately, the “findings” that…

Like A Horror Movie Villain, The STRONGER Patents Act Returns

Since the STRONGER Patents Act was introduced last year, it’s basically been a dead topic.  Maybe that’s because the bill would gut the extremely successful inter partes review procedure and overturn more than a decade of Supreme Court precedent, crippling the ability of small and medium enterprises to develop products without fear.  It would even make…

Senate Introduces Bill To Prevent Abuse Of Sovereign Immunity

Yesterday Senators Cotton, McCaskill, Toomey, Ernst, and Perdue introduced the Preserving Access to Cost Effective Drugs (PACED) Act, a bill which would help prevent sovereign immunity from being abused to prevent invalid patents from being struck down by the U.S. Patent and Trademark Office. As Patent Progress has previously described, sovereign immunity has been abused…

You Don’t Need To Build An IPR Off-Ramp—It Already Exists

At the House Judiciary Committee’s IP Subcommittee hearing on sovereign immunity, Chairman Issa had a simple request for Phil Johnson, one of the witnesses—to, for the record, “look at the various off-ramp possibilities” for PTAB proceedings.  An off-ramp is a way for a patent owner to take their patent and amend it in front of…

Misleading Stats Lead To Misleading Testimony In Front Of Congress

Yesterday afternoon, the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet held a hearing on “Sovereign Immunity and the Intellectual Property System.”  A fascinating topic, and one I’ve written on right here in the past.  [1] [2] But I was struck by some testimony given by Philip Johnson, testimony he stood by…