Criticism of the Innovation Act of Congr. Goodlatte
However, provisions of the Innovation Act, such as forcing inventors to pay damages for actions taken by other users of the invention, reduce the value of developing patented technologies for universities. Therefore, provisions of the Innovation Act could result in fewer innovations being developed in academia.
Recent events illustrate a better path for reform.
Due to the 2014 U.S. Supreme Court decisions in the Octane Fitness and Highmark cases, judges now have greater discretion to enforce legitimate patent rights and also are empowered to punish patent trolls through provisions that include requiring plaintiffs that filed abusive litigation to cover the defendants’ legal costs.