The Internet Association thanks Congressmen Jeffries and Farenthold for their introduction of H.R. 2639, the “Patent Litigation and Innovation Act of 2013.” This legislation addresses systemic flaws in patent litigation that patent trolls exploit to bring speculative patent cases in the hope of a quick nuisance settlement. By requiring more precision in initial pleadings, the bill would allow courts and defendants to better assess the legitimacy of infringement claims. By refining the sequence of discovery, the bill will alleviate some of the litigation burdens faced by legitimate innovators, making it easier to take on patent trolls asserting flawed patents or meritless claims.
Because patent trolls have many tools at their disposal, more will need to be done to both improve patent quality and reduce abusive patent litigation. However, this piece of legislation is an important contribution to that overall effort.