New Patent Reform Law Could Reduce Lawsuits By Non-Practicing Entities

The Hidden Gem in the Bill:  Joinder Reform

So it has finally happened: a patent reform bill has actually become law. Last Thursday, the U.S. Senate voted 89-9 to send H.R. 1249 to the White House, where it was signed into law today.  While I have pointed out in the past that this bill misses out on several aspects of reform that previous bills attempted, it does include some useful aspects.

First, though, let’s discuss what the new law will NOT include.  It will not include any provision tying damages in patent litigation to the specific contribution of the patent over prior technology nor will it provide any specific damages limitation.  It will also not require bifurcated trials to separate liability and damages issues.  It will not allow interlocutory (real-time, during the underlying case rather than post-verdict) appeal of claim constructions by courts.  It will also not specifically include a provision restricting venue in patent litigation (but, as shown below, the joinder provision will have an effect on venue for some cases).  Each of these provisions were included in prior versions of the legislation and would have helped fix the system...