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AIPLA Reacts to Leahy Bill Addressing Abusive Behavior in Patent Litigation

 

11/19/2013
Arlington, VA—The American Intellectual Property Law Association (AIPLA) acknowledges the efforts of Chairman Patrick Leahy (D-Vt) in introducing S. 1720, the Patent Transparency and Improvements Act of 2013, to target abusive behavior in patent litigation. 

Among other things, the legislation requires the disclosure of ownership information of patents asserted in litigation, permits stays of patent infringement lawsuits against downstream customers, and would empower the Federal Trade Commission (FTC) to address the widespread sending of bad faith demand letters as an unfair or deceptive act.

AIPLA agrees that Senator Leahy's bill addresses serious issues facing the patent system and is a constructive addition to the legislative discourse.  In addition to the above, the bill includes provisions on estoppel in post-grant proceedings and on claim construction in post-grant and inter partes proceedings, provisions which AIPLA supports. 

As we study the implications of specific provisions of the Patent Transparency and Improvements Act, AIPLA looks forward to working with Chairman Leahy and his staff to find a formulation that ensures the legislation will properly balance the important interests of both patent owners and users of technology.
 

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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. 


AIPLA Contact:
Meghan Donohoe
Chief Operating Officer
1 703.412.4343
mdonohoe@aipla.org