On June 9 House Judiciary Committee Chairman BOB GOODLATTE (R-Va.) released a new version of his “Innovation Act,” H.R. 9. The new version, known as the manager’s amendment, makes changes to several sections and adds a provision on venue that would limit where plaintiffs can sue for patent infringement.
Other changes include modifications to the provisions on discovery stay, customer stay, and pleading in patent infringement cases. These modifications bring the text closer, but not identical, to provisions in Senate Judiciary Committee Chairman CHUCK GRASSLEY’s “PATENT Act,” S. 1137. The discovery stay provision in the manager’s amendment will require a stay of discovery pending the resolution of preliminary motions; the bill’s original provision would stay discovery pending a ruling on claim construction.
Unlike the Senate bill, Goodlatte’s manager’s amendment does not include a comprehensive provision to address perceived weaknesses in the USPTO’s post grant proceedings. The bill’s provision on attorney fee shifting is also markedly different.
