by Michael M. Rosen
American Enterprise Institute
June 13, 2014
Calls for patent legislation reform are intensifying, primarily because of increasingly problematic “patent trolls” that frivolously and aggressively litigate patents, costing companies as much as $29 billion in 2011 alone. The legislation that has been introduced to address this problem, including Representative Bob Goodlatte’s Innovation Act and Senator Claire McCaskill’s Transparency and Accountability in Patents Act, has some promising elements but also some flaws. A draft compromise from Senators John Cornyn and Chuck Schumer may be the best option yet because it improves how fees are awarded, raises evidentiary standards, and restricts the scope of discovery.

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