House passes patent changes without altering damages in litigation

On June 23, 2011, the House of Representatives approved the renamed Leahy–Smith America Invents Act (H.R. 1249) by a bipartisan vote of 304-117. In March, the Senate passed S. 23, “The America Invents Act,” with larger bipartisan approval. Although there are differences between the House and Senate versions, I suspect that these differences will be addressed. If these various proposals become law, the U.S. will have instituted the first major overhaul of the patent system in decades.

Our firm regularly prepares damages analysis in patent cases. Earlier proposals to regulate damages and other litigation-related proposals have been omitted in both the Senate and House versions, primarily because these subjects are being addressed by the courts. For examples of these recent Court cases, see the articles The 25% Rule is Dead, ResQNet vs. Lansa.

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