The US Federal Government has attempted to pass bills in recent years to reform the US patent system, but so far nothing has made it through. One of the major attempts in recent years was the Innovation Act which passed the House in 2013, but never made it through the Senate. This bill is back this year as H.R. 9. In addition to a new bill being worked on in the Senate titled the Patent Act. It has many similar provisions as the Innovation Act but has curtailed a few key areas.
This bill includes requirements that will force plaintiffs to be more transparent during the discover phase of patent litigation, will allow manufacturers to get involved in cases where their users are sued for patent infringement, delays discovery requirements until after certain initial trial motions, and the potential for fee shifting of legal fees to the losing party if the losing party is deemed to be objectively unreasonable.
