Intellectual Property Law

With the Supreme Court's present interest in patent law , and while the automatic entering of a permanent injunction following infringement is still waiting for a decision in eBay v. MercExchange, it comes as no surprise that yet another attempt at patent reform has surfaced in Congress.   Perhaps less-overarching than the earlier efforts of Rep. Lamar Smith?s stalled Patent Reform Act, this one certainly sports a catchy acronym: ?Patents Depend on Quality Act of 2006 (PDQ Act).?  According to Representative sponsors Howard Berman and Rick Boucher, the patent system is in need of rescue from expensive litigation and ?the abusive practices of unscrupulous patent trolls."   

The legislation touches on a number of key areas in the patent system. It attempts to legislate when a court can grant injunctive relief in a patent case, by establishing a ?balance of the hardships? test.  It also allows third parties to submit prior art?evidence of existing technology in the contested patent area during the application process.   The bill would add a new chapter to the patent code establishing a system for post-grant opposition, and it sets up a kind of patent arbitration process in an attempt to prevent full-blown and costly litigation.

Will the PDQ Act meet with any more success in the highly politicized process of patent reform than Representative Smith?s bill has seen to date?  The IP Blawg will keep you posted.

Today?s Blogger:  Nan Joesten