Patent Reform 2009 Amendments

March 31, 2009

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

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