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releases: https://web.archive.org/web/20140221012015/http://farenthold.house.gov/news/documentsingle.aspx?DocumentID=363555

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https://web.archive.org/web/20140221012015/http://farenthold.house.gov/news/documentsingle.aspx?DocumentID=363555 House Passes Innovation Act to Curb Abusive Patent Litigation 2013-12-05 2013 2013-12 Republican House TX Blake Farenthold F000460 web.archive.org     legacy Earlier today, the U.S. House of Representatives passed H.R. 3309, the Innovation Act, which addresses the ever increasing problem of abusive patent litigation.  U.S. Congressman Blake Farenthold (TX-27), a member of the House Judiciary Committee and an original co-sponsor of H.R. 3309, spoke in favor of the bill before it passed by an overwhelming bipartisan vote of 325-91.  “The patent system is a vital part of our national identity, stimulating American ingenuity and enhancing our global competitiveness,” said Congressman Farenthold.  “Traditionally, patent holders have asserted their patents against those who produce infringing technologies.  But in recent years, abusive patent litigation—“patent trolling”—has ballooned, as companies have emerged solely to buy questionable and vaguely-defined patents and assert them against thousands of companies in hopes of extracting licensing fees.  This system has amounted to legalized extortion and H.R. 3309 will significantly curb the problem,” concluded Congressman Farenthold.  H.R. 3309 incorporates several provisions from H.R. 2639, a patent reform bill that Congressman Farenthold and Congressman Hakeem Jeffries (D-NY-08) introduced this past July. Also this past summer, Congressman Farenthold and Congresswoman Judy Chu (D-CA-32) sent a bipartisan letter to the Federal Trade Commission Chairwoman Edith Ramirez urging the FTC to examine the practices of patent assertion entities that wrongfully target end users. End users are consumers and businesses who use off-the-shelf products for their intended use, like your local coffee shop or restaurant owner who purchases a Wi-Fi router to provide internet for customers.  These local businesses then receive threating demand letters from patent trolls who do not want to exploit the patent but instead want to see a quick settlement.  Key Components of the Innovation Act: • Target Abusive Patent Litigation: The bill targets abusive patent litigation behavior and not specific entities with the goal of preventing individuals from taking advantage of gaps in the system to engage in litigation extortion. It does not attempt to eliminate valid patent litigation. • Protects the Patent System: The patent system is integral to U.S. competitiveness. This legislation does not diminish or devalue patent rights in any way. • Increases Transparency: This legislation includes heightened pleading standards and transparency provisions. Requiring parties to do a bit of due diligence up front before filing an infringement suit is just plain common sense. It not only reduces litigation expenses, but saves the court's time and resources. Greater transparency and information is a good thing and it makes our patent system stronger. • Modernizes Fee Shifting: The legislation includes a modernized version of Section 285 fee shifting that is fair, clear and will ensure consistent judicial determinations. • Provides Greater Clarity: The legislation provides for more clarity surrounding initial discovery, case management, joinder and the common law doctrine of customer stays. The bill works hand-in-hand with the procedures and practices of the Judicial Conference and the courts. • Small Business Education: The bill provides for small business education and outreach by the U.S. Patent and Trademark Office. 1 2026-03-30T12:14:52Z 2026-03-30T12:14:52Z
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