Proposed Patent Reform Legislation: How It May Impact You (Especially if You Are Not Considered to be a “Patent Troll”) (Live MBHB Webinar)

There has been a flurry of recent Congressional activity aimed at addressing the so-called “patent troll problem.” On December 5, 2013, the House of Representatives passed H.R. 3309, the Innovation Act, by an overwhelming margin. Several comparable pieces of legislation are also pending in the Senate, including S. 1720, the Patent Transparency and Improvements Act of 2013, introduced by Sen. Leahy. Proponents of these legislative efforts argue that they are needed to curb the recent trend of patent litigation abuse. Opponents caution, however, that these reforms are not narrowly tailored and, as a result, will have unintended consequences that will also impact “legitimate” patent holders, as well as those being accused of patent infringement. It is therefore important for all members of the patent community to be aware of these proposed changes to the system, and the impact that they might have on all patent practice.

This webinar will cover the major provisions found in the Innovation Act and the various Senate bills, as well as their potential impact on the patent community. These provisions include:

  • Litigation fee-shifting, including establishing a default for shifting attorneys’ fees to the prevailing party
  • Heightened pleading requirements
  • Changes to patent trial procedures and limitations on discovery, resulting in a decrease or elimination a district court’s discretion
  • Limits on demand letters, including potentially limiting recovery for insufficient pre-suit notification
  • Changes to the America Invents Act, including changes to post-issuance review of patents


Presenter: MBHB Partner Andrew W. Williams, Ph.D.

Access an archived audio version of this webinar here. NOTE: MCLE credit is not available for this archived recording.

All registrants will receive an email confirmation and details for online participation. MCLE credit is pending for the states of California, Illinois, New Jersey,* New York,* North Carolina and Virginia (*via reciprocity).

McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.