Federal - HR 9

Innovation Act

Introduced

February 5, 2015

Description

A bill to amend title 35, United States Code, and the Leahy-Smith America Invents Act to make improvements and technical corrections, and for other purposes (official title to be confirmed).

Our Position

Oppose

Original Sponsor 1

Co-Sponsors 27

Latest Actions See More/Less

  • July 29, 2015 — Reported to the House amended by the House Judiciary Committee and placed on the Union Calendar. H Rept 114-235Congressional Record p. H5762

  • July 7, 2015 — Republican Study Committee (Chairman Flores, R-Texas) briefing on patent legislation.

  • June 15, 2015 — Additional cosponsor(s): 1

    Culberson, (R-Texas)
  • June 11, 2015 — Full committee consideration and markup held by the House Judiciary Committee.

    June 11, 2015 — Committee Vote: Patent Litigation Overhaul — Venue Shopping
      Issa, R-Calif. —

    Amendment to the Goodlatte, R-Va., substitute amendment that would restrict venue shopping by plaintiffs in patent infringement cases by requiring they bring suit in jurisdictions linked to the defendant.

    Adopted by voice vote.

    June 11, 2015 — Committee Vote: Patent Litigation Overhaul — Patent and Trademark Office Fee Diversion
      Conyers, D-Mich. —

    Amendment to the Goodlatte, R-Va., substitute amendment that would permit the Patent and Trademark Office to keep all of the fees it collects from patent applicants, and extend the PTO’s fee setting authority to 2028.

    Rejected 11-16.

    June 11, 2015 — Committee Vote: Patent Litigation Overhaul — Discovery Stay
      Lamar Smith, R-Texas —

    Amendment to the Goodlatte, R-Va., substitute amendment that would require defendants to request a stay of discovery within 90 days of the initial complaint.

    Adopted by voice vote.

    June 11, 2015 — Committee Vote: Patent Litigation Overhaul — Extension of Patent and Trademark Office Fee Setting Authority
      Conyers, D-Mich. —

    Amendment to the Goodlatte, R-Va., that would extend the Patent and Trademark Office’s authority to set its patent application fees to 2028 from 2018.

    Adopted by voice vote.

    June 11, 2015 — Committee Vote: Patent Litigation Overhaul — Covered Business Method Review Extension
    Issa, R-Calif. —

    Amendment to the Goodlatte, R-Va., substitute amendment that would extend authority for the Patent and Trademark Office system for reviewing covered business method patents from 2020 to 2026.

    Rejected 13-18.

    June 11, 2015 — Committee Vote: Patent Litigation Overhaul — Fee Shifting
      H. Johnson, D-Ga. —

    Amendment to the Goodlatte, R-Va., substitute amendment that would adopt the language in a Senate patent bill (S 1137) to require defendants to make a motion to be awarded their attorney’s fees.

    Rejected 10-22.

    June 11, 2015 — Committee Vote: Patent Litigation Overhaul — Discovery Rules Study
      Marino, R-Pa. —

    Amendment to the Goodlatte, R-Va., substitute amendment that would require the Judicial Conference of the United States to produce a study of discovery rules in patent litigation suits by court jurisdiction. The conference would have one year to produce the study.

    Adopted by voice vote.

    June 11, 2015 — Committee Vote: Patent Litigation Overhaul — Exemption for Biopharmaceuticals
      Walters, R-Calif. —

    Amendment to the Goodlatte, R-Va., substitute amendment that would exempt biopharmaceutical product patents from the Patent and Trademark Office’s post grant review process.

    Withdrawn.

    June 11, 2015 — Committee Vote: Patent Litigation Overhaul — Inventors' Exemption
      H. Johnson, D-Ga. —

    Amendment to the Goodlatte, R-Va., substitute amendment that would exempt original inventors from having to comply with the bill’s heightened pleading standards, discovery stay and fee-shifting provisions.

    Rejected by voice vote.

    June 11, 2015 — Committee Vote: Patent Litigation Overhaul — Demand Letter Database
      Marino, R-Pa. —

    Amendment to the Goodlatte, R-Va., substitute amendment that would require the Patent and Trademark Office to create a publicly searchable database of demand letters as part of a one-year pilot project. The database would have to be created within 60 days of the law’s enactment.

    Withdrawn.

    June 11, 2015 — Committee Vote: Patent Litigation Overhaul — Customer Stay Exemption
      Deutch, D-Fla. —

    Amendment to the Goodlatte, R-Va., substitute amendment that would lift the customer stay provision if the manufacturer is not the direct infringer of a patent.

    Withdrawn.

    June 11, 2015 — Committee Vote: Patent Litigation Overhaul — University Exemption
      Cicilline, D-R.I. —

    Amendment to the Goodlatte, R-Va., substitute amendment that would exempt universities and nonprofit research organizations from the bill’s fee-shifting provision.

    Rejected by voice vote.

    June 11, 2015 — Committee Vote: Patent Litigation Overhaul — Discovery Stay for Motion to Dismiss
      D. Collins, R-Ga. —

    Amendment to the Goodlatte, R-Va., substitute amendment that would allow for stay of discovery in patent suits pending a motion to dismiss.

    Adopted by voice vote.

    June 11, 2015 — Committee Vote: Patent Litigation Overhaul — Small-Business Exemption
      S. Peters, D-Calif. —

    Amendment to the Goodlatte, R-Va., substitute amendment that would exempt small businesses from the bill’s heightened pleading standards in patent cases.

    Rejected by voice vote.

    June 11, 2015 — Committee Vote: Patent Litigation Overhaul — Post Grant Reviews
      Chaffetz, R-Utah —

    Amendment to the Goodlatte, R-Va., substitute amendment that would strike changes in the Patent and Trademark Office’s post grant review process.

    Withdrawn.

    June 11, 2015 — Committee Vote: Patent Litigation Overhaul — Pleading Standards
      Lofgren, D-Calif. —

    Amendment to the Goodlatte, R-Va., substitute amendment that would align the pleading standards with Senate patent legislation (S 1137).

    Withdrawn.

    June 11, 2015 — Committee Vote: Patent Litigation Overhaul — Manufacturers' Exemption
      S. Jackson Lee, D-Texas —

    An amendment to the Goodlatte, R-Va., substitute amendment that would exempt from the bill’s heightened pleading standards manufacturers that would lose more than 20 manufacturing jobs if infringement of a patent persisted.

    Rejected by voice vote.

    June 11, 2015 — Committee Vote: Patent Litigation Overhaul — Pleading Standards
      S. Jackson Lee, D-Texas —

    Amendment to the Goodlatte, R-Va., substitute amendment that would require pleading standards to require reasonable specificity detailing infringement claims, instead of detailed specificity.

    Withdrawn.

    June 11, 2015 — Committee Vote: Patent Litigation Overhaul — Substitute Amendment
      R. Goodlatte, R-Va. —

    Substitute amendment that would tighten the bill’s "joinder" provision, which would allow judges to force the backers of insolvent plaintiffs who can’t afford to pay a defendant’s fees to pay up, in an attempt to protect inventors, legitimate start-ups, banks and venture capitalists, as well as research organizations.

    It would require that patent suits be brought only in jurisdictions with a direct connection to the defendant.

    It would alter the rules governing the stay of discovery in patent cases and loosen the provision barring suits against end users of technology to ensure that patent holders can pursue companies importing foreign knock-offs.

    It would make changes to the Patent and Trademark Office’s process for reviewing patents it has already granted that aim to make it easier for patent holders to defend their intellectual property.

    Adopted by voice vote.

    June 11, 2015 — Committee Vote: Patent Litigation Overhaul — Vote to Report

    Require judges to award attorneys' fees to defendants hit with frivolous suits.

    The bill would increase the amount of information plaintiffs are required to include in their initial pleadings. It would allow judges to delay the expensive discovery process until after reviewing the case.

    The bill would bar suits against companies that merely use patented technology, such as restaurants and hotels, until suits against manufacturers are resolved.

    As amended, the bill’s "joinder" provision would allow judges to force the backers of insolvent plaintiffs who can’t afford to pay a defendant’s fees to pay up; require that patent suits be brought only in jurisdictions with a direct connection to the defendant; alter the rules governing the stay of discovery in patent cases;loosen the provision barring suits against end users of technology to ensure that patent holders can pursue companies importing foreign knock-offs.

    Also as amended, it would make changes to the Patent and Trademark Office’s process for reviewing patents it has already granted that aim to make it easier for patent holders to defend their intellectual property.

    Adopted 24-8.
  • June 9, 2015 — Additional cosponsor(s): 1

    Cleaver (D-Mo.)
  • June 2, 2015 — Additional cosponsor(s): 1

    Hardy, (R-Nev.)
  • May 19, 2015 — Additional cosponsor(s): 2

    Amodei, (R-Nev.)Fincher, (R-Tenn.)
  • April 15, 2015 — Additional cosponsor(s): 1

    Sessions, P. (R-Texas)
  • April 14, 2015 — Full committee hearing held by the House Judiciary Committee.

  • April 13, 2015 — Additional cosponsor(s): 1

    Pearce, (R-N.M.)
  • Feb. 11, 2015 — Additional cosponsor(s): 1

    Swalwell, (D-Calif.)
  • Feb. 5, 2015 — Original cosponsor(s): 19

    Chabot, (R-Ohio)Honda, (D-Calif.)Marino, (R-Pa.)
    Chaffetz, (R-Utah)Huffman, (D-Calif.)Nadler, (D-N.Y.)
    DeFazio, (D-Ore.)Issa, (R-Calif.)Pierluisi, (D-P.R.)
    Eshoo, (D-Calif.)Jeffries, (D-N.Y.)Smith, Lamar (R-Texas)
    Farenthold, (R-Texas)Johnson, B. (R-Ohio)Thompson, M. (D-Calif.)
    Forbes, (R-Va.)Larsen, R. (D-Wash.)
    Holding, (R-N.C.)Lofgren, (D-Calif.)
  • Feb. 5, 2015 — Read twice and referred to: House Judiciary.Congressional Record p. H852