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Patent Reform is Dead for 2014

Posted On: May. 9, 2014   By: Scott A. McKeown
Alice Corp v CLS BankWriting is on the Wall for 2014

With yet another (5th or 6th?) manager’s amendment delay announced yesterday by the Senate Judiciary Committee, it is clear that momentum for patent reform is waning on the Senate side. Whether it be the recent Supreme Court decisions mooting the need for fee shifting (in the minds of some), the complexity and degree of proposed changes, or significant lobbying pressure, fatigue has set in. Even if a deal were to be somehow struck this month, such would not be anything near the text of the House bill. Expecting such a deal, floor debate, positive vote, and necessary conference on House/Senate bill differences, all with mid-term elections and summer holidays/recess on the horizon… not happening.

I’m calling it for major reform efforts this year. I expect less ambitious reform legislation for 2015.

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