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
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. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.