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While it's not perfect, it includes a large number of things that reformers were asking for. Lawyers from three groups that are deeply concerned about patent trolling had universal praise for the bill in a press call earlier today. (Those groups would be the Computer and Communications Industry Association (CCIA), the Electronic Frontier Foundation (EFF), and Public Knowledge.)
The bill would require patent holders to lay out details about their infringement case early in a lawsuit and would require the loser of a patent suit to pay legal fees unless they could show the case was "substantially justified." It would also expand a program to allow for review of "business method" patents at the US Patent and Trademark Office (PTO), a key request by CCIA that has not been without controversy. And the bill would also allow customers or end users of a technology to stay a lawsuit while the patent holder and the manufacturer battle it out. That would prevent patent trolls from pulling moves like one last month, where a judge let Lodsys dodge Apple's lawyers - while it continues to threaten iOS developers.
"We're thrilled about the bill," said Matt Levy, chief patent counsel at CCIA. EFF attorney Julie Samuels echoed the sentiment: "It's a broad, bipartisan coalition," she said. "We're incredibly excited about this draft."
Still, it's not a panacea. One thing reformers would like to see is some kind of defense against trolls that avoid filing actual lawsuits, instead sending out hundreds of demand letters to small or medium-sized businesses. But there's a lot to work with.
"This will make [patent trolling] a less attractive business model and give those who want to fight back tools to do that," said Samuels.
This bill has the best chance of passing of any bill yet introduced on this topic. Goodlatte is the chairman of the key committee and has integrated many suggestions from other patent reform-minded politicians in both parties. President Barack Obama has already voiced support for legislative action on this issue.
That doesn't make it a slam dunk. Congress is coming out of a period of unprecedented gridlock, and partisan rancor hangs in the air following the two-week government shutdown that just ended.
This bill wouldn't end patent trolling, but it could greatly increase the risks and costs to trolls. One type of troll that won't easily be killed off is the kind that goes after dozens of smaller businesses. It will remain prohibitively expensive for many businesses to spend the $1 million or more it can cost to see out a patent lawsuit. Taking a case through trial often costs more than $2 million.
But the landscape will have changed. Businesses will be able to challenge more patents at the PTO, for a much lower cost of around $100,000. If they are forced to court, they'll have a decent chance of recouping that giant legal spend. That lowers the bar for defendants who want to fight back, and speak out - currently a daunting proposition.
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