Patent Reform 2009 Amendments

On March 31, 2009, Senators Patrick Leahy, Arlen Spector, and Diane Feinstein announced that they have reached a compromise on amendments to the patent reform bill S. 515. The amendments cover the following changes.

  • Reasonable Royalty: The amendments will feature a "gatekeeper" role for a judge that is based on the current law for determining a reasonable royalty.
  • Best Mode: The best mode requirement will not be a grounds to invalidate a patent.
  • Willful Infringement: The current law will be codified.
  • Reexamination: The "public use or sale" addition in the original bill is removed.
  • Venue: This proposal will track the Federal Circuit's TS Tech decision.
  • Interlocutory Appeal: This proposal limits interlocutory appeals from the earlier version in S. 515.

The Senate Judiciary Committee is expected to address these amendments on April 2, 2009

The articles on our Website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice.