Sunday, March 22, 2015

Patent reform. Fee shifting splits Democrats.

TheHill discusses splits among Democrats on patent reform.  The proposed fee shifting of the Goodlatte bill is an issue.

Cornyn has said reform would not be worth passing without a fee shifting provision. But he has sought advice on a provision that would not go as far as the House language.

Critics have argued that the House version would switch the current dynamic, and put an unfair burden on losers to prove their litigation was not frivolous.

New Democratic Sen. Gary Peters (Mich.), who voted for the House version when in the lower chamber, has also asked about a less stringent fee shifting provision.

“What if a potential fee shifting rule was not presumptive but rather we just provided the court with some additional guidance on how to deal with fee shifting?” he asked when questioning witnesses at a Small Business Committee hearing.

Schumer has compared the process to a Rubik’s Cube that he believes can be solved by the end of the year. 


IPBiz notes that Congressmen with a big university in the district are going to be against the Goodlatte bill and fee shifting, whether they are Democrat or Republican, if they are wise.

Link to post on TheHill:


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