Here we go again.
Back in October 2013, Rep. Bob Goodlatte, R-VA, introduced H.R.3309 entitled "Innovation Act" in
the House of Representatives with the stated aim of curbing
frivolous patent suits brought by non-practicing entities, aka
patent trolls. That bill passed the House by a vote of 325 to 91. But in
May 2014, the bill was then taken off the Senate
Judiciary Committee Agenda, effectively dead.
Last Thursday, February 5, Rep. Goodlatte revived his bill with the support of 18
cosponsors from both sides of the aisle. H.R.9, again entitled
"Innovation Act," is substantially similar to H.R. 3309.
H.R. 9, for example, has the following provisions:
- Heightened Pleading
Requirements: The patent owner "shall" identify
in the complaint each patent claim, name or model
number of accused instrumentality, and how said instrumentality
allegedly infringes each claim. This requirement would
significantly expand the burdens on patent plaintiffs at the
immediate outset
