Matt Buchanan of PromoteTheProgress.com is at a CLE today and can’t get to his blogging machine until tonight, but he asked if I’d throw a link to the following up for him in the meantime:
Legislative Text of HR __, the “the Patents Depend on Quality Act of 2006” (PDF 101 KB). Text of the bill as introduced by Reps. Howard Berman and Rick Boucher on April 5, 2006.
Draft bill seeks to amend Title 35, United States Code, by:
- inserting a new chapter (Chapter 32 — Post-Grant Opposition Procedures);
- amending Section 122 regarding publication
- amending Section 131 regarding third party submission of prior art
- amending Section 315(c) regarding inter parties reexamination
- amending Section 284 regarding willful infringement
- amending Section 1400 regarding venue
- amending Section 283 regarding injunctions:
- ‘‘In determining equity, the court shall consider the fairness of the remedy in light of all the facts and the relevant interest of the parties associated with the invention. Unless an injunction is entered pursuant to a nonappealable judgment of infringement, a court shall stay the injunction pending an appeal upon an affirmative showing that the stay would not result in irreparable harm to the owner of the patent and that the balance of hardships from the stay does not favor the owner of the patent.’’
Check PromoteTheProgress.com for further updates, namely “The Patents Depend on Quality Act of 2006 – A recycled bill with a narrow approach to patent reform.”
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