Updates to the Innovation Act

On Wednesday, November 20, the House Judiciary Committee held a mark-up of H.R. 3309, the Innovation Act, which Chairman Bob Goodlatte (R-VA) introduced on October 23.  (A “mark-up” is a committee hearing in which members debate, amend, and vote on pending legislation.)  The bill seeks to amend the Leahy-Smith America Invents Act (AIA) to improve the patent litigation system, specifically by preventing abuses.  By the end of the long day, Chairman Goodlatte’s manager’s amendment with five other amendments were passed out of committee.  You can find them, along with the record of the entire day’s proceedings, here.  http://judiciary.house.gov/hearings/Markups%202013/mark_11202013.html The bill is expected on the House floor sometime in December.

On the Senate side, on Monday, November 18, Senate Judiciary Committee Chairman Patrick Leahy (D-VT) introduced The Patent Transparency and Improvements Act of 2013 (S. 1720).  Among some key differences with the House bill, the Senate bill does not contain a fee-shifting provision or the more prescriptive pleading requirements.  You can find the Senate bill here.  http://www.leahy.senate.gov/download/patent-transparency-and-improvements-act-of-2013  The Senate committee has not yet scheduled a hearing on its bill.