The bill would require patent holders to lay out details about their infringement case early in a lawsuit, and would require the loser of a patent suit to pay legal fees unless they could show that the case was "substantially justified." It would expand a program to allow for the review of "business method" patents at the US Patent and Trademark Office, a key request by CCIA that has not been without controversy. And the bill would also allow customers or end users of a technology to stay a lawsuit while the patent holder and the manufacturer battle it out. That would prevent patent trolls from pulling moves like one last month, where a judge let Lodsys dodge Apple's lawyers— while it continues to threaten iOS developers.
"We're thrilled about the bill," said Matt Levy, chief patent counsel at CCIA.
EFF attorney Julie Samuels echoed the sentiment: "It's a broad, bipartisan coalition," she said. "We're incredibly excited about this draft."