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Perspective

Mar. 19, 2009

Congress' Latest Patent Reform Acts Are Already Damaged Goods

The damages provision of the latest set of patent reform bills suffers fundamental flaws that are likely to guarantee failure.

By William Rooklidge, Mansi Shah and Jesse Mulholland

The companion House and Senate bills known as the Patent Reform Act of 2009, HR1260 and S. 515, introduced on March 3, contain a provision reforming patent infringement damages, a subject so controversial that it has doomed previous bills to failure. The damages provision of these new bills suffers two fundamental flaws that should guarantee the same result.

The Seventh Amendment Problem

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