House Passes Manager's Amendment to H.R. 1249; Omits Damages

On April 15, the House Judiciary Committee approved an amended version of the America Invents Act, designated H.R. 1249. You may recall from previous posts that the House's version of the patent reform bill did not include changes to existing damages provisions or other litigation-related provisions of the patent statute. The House Judiciary Committee formulated a "Manager's Amendment" that made changes to H.R. 1249, but the amended language still omits damages reform. The Manager's Amendment can be found at http://judiciary.house.gov/hearings/pdf/ManagersAmerndment04142011.pdf.

Chairman Lamar Smith issued an Opening Statement on April 14. In it, he explained that "the [House] bill doesn't address many litigation reform issues because the courts are addressing these issues through decisions on damages, venue, and other subjects." See http://judiciary.house.gov/news/04142011.html. Chairman Smith concluded: "It is impossible for any one group to get everything they want. This bill represents a fair compromise and creates a better patent system than exists today for inventors and innovative industries."

Of course, the most recent Senate reform bill does contain damages reform, which we have addressed in numerous previous posts. The apparent conflict regarding damages reform between the Senate and the House should play out in the coming months, as it appears that patent reform has generated quite a head of steam. It looks like Congress will pass some form of patent reform legislation. Whether it includes damages reform, however, is in serious doubt.

Stay tuned for more!