Patent Damages

Senate Passes S.23 “America Invents Act” by 95-5 Vote

Posted by Chris Marchese

Correction:  Our post below indicates that S.23 still contains the damages provisions.  The damages provisions were removed from the Senate bill that passed on March 8.

Patent reform legislation has picked up a head of steam and is moving in earnest towards becoming law.  Today, March 8, the Senate issued the results of its vote on S.23, the “America Invents Act,” reporting that it passed by a landslide:  95-5.  The following are Senator Patrick Leahy’s comments on the Act:

Today, the Senate voted 95-5 to pass S. 23, the America Invents Act.

After six years of debate and discussion, the Senate has finally acted to make the first meaningful, comprehensive reforms to the nation’s patent system in nearly 60 years.  Passage of the America Invents Act demonstrates what we can accomplish when we cast aside partisan rhetoric, and focus on working together for the American people and for our future.

The America Invents Act will promote American innovation, create American jobs and grow America’s economy, all without spending a penny of taxpayer money.  It is commonsense legislation that will help preserve America’s position as the global leader in invention and innovation.

The year has changed since Chairman Smith and Mr. Berman introduced the first version of patent reform legislation in 2005 in the House, but the structure and guiding principles of the legislation remain the same.  Having coordinated with the leaders in the House through this process, I hope that the House will look favorably on our work and adopt this measure so that it can be sent it to the President without delay and its improvements can take effect in order to encourage American innovation and promote American invention.


Senate to Consider Patent Reform Legislation

Posted by Chris Marchese

Back in early February, we posted on a new bill (S.23) introduced on January 25 by Senator Patrick Leahy, who is chairman of the Senate Judiciary Committee. The bill contains numerous modifications to the patent statute, including damages reform.  The damages reform is the same as that introduced by Senator Leahy last year in a Manager’s Amendment, including a procedural gatekeeping role for federal courts.

On February 28, the full Senate will begin debating the comprehensive patent legislation (S.23), including the damages reform.

For a comprehensive analysis of legislative damages reform, and for links to the Congressional patent reform bills, including the Manager’s Amendment, you can take a look at Fish & Richardson’s legislative reform web page that’s specific to patent damages: