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AIPLA Comments on Goodlatte Patent Reform Legislation Draft

Wednesday, September 25, 2013

AIPLA recognizes the efforts of Chairman Bob Goodlatte (R-Va) in seeking a consensus response to abusive threats or litigation by certain owners of patent rights, as represented by his release of a second discussion draft of litigation reforms. This draft builds on the earlier version to address a variety of practices and procedures, including requirements on more detailed pleading, fee shifting, and stays of customer suits, among other things. In particular, the draft includes provisions on estoppel in post-grant proceedings and on claim construction in post-grant and inter partes proceedings, which AIPLA supports.

AIPLA President Jeff Lewis said "As an organization whose members deal with these problems every day, AIPLA keenly understands the abuses giving rise to the genuine concerns which lie behind this legislation. At the same time, it is important to remember that not all litigation is abusive. We believe that our federal courts are very much aware of these issues and are well equipped to deal with them, especially since the enactment of the Leahy-Smith America Invents Act. For those circumstances which require extra attention, we look forward to working with Chairman Goodlatte to help ensure that abuses are firmly addressed, without unnecessarily diminishing important and valid patent rights."

AIPLA, the American Intellectual Property Law Association, was founded in 1897 to maintain a high standard of professional ethics, to aid in the improvement in laws relating to intellectual property and in their proper interpretation by the courts, and to provide legal education to the public and to its members on intellectual property issues. AIPLA is a national bar association constituted primarily of lawyers in private and corporate practice, in government service, and in the academic community.

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