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Patent Reform is Dead for 2014

Posted By Scott A. McKeown On 9 May 2014 @ 7:15 In Patent Law Reform | Comments Disabled

Alice Corp v CLS Bank [1]Writing 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 [2] (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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[1] Image: http://www.patentspostgrant.com/wp-content/uploads/2014/04/Alice-Corp-v-CLS-Bank.jpg

[2] recent Supreme Court decisions mooting the need for fee shifting: http://www.patentspostgrant.com/lang/en/2014/05/did-octane-fitness-raise-the-stakes-for-patentees-at-the-ptab

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