This is the third of three articles addressing proposed legislation to curb abusive patent litigation. The previous articles addressed a proposed change to the language allowing for shifting attorneys fees to prevailing parties and proposed changes to the pleading standards. Again, while there are other bills proposed, this article will again reference H.R. 3309 (the “Innovation Act,” originally introduced by Rep. Goodlatte).
While full-blown trials can be obscenely expensive, it is often the cost of discovery —which stretches on for many months and frequently involves several disputed motions — that dwarfs all other costs in a patent case. Naturally, then, efforts aimed at controlling those costs are included in proposed patent litigation reform legislation.