What Patent Litigation Will Look Like If The Innovation Act Passes

It would be a new landscape, and one said to be far more difficult for patent trolls to negotiate. Fee-shifting would become more common and a significant risk for some plaintiffs – presumably the patent assertion entities that have it coming. More detailed claims at the outset of litigation would put a premium on due diligence, making bringing an infringement case more costly. The bill also requires disclosure of parties that have a direct financial interest in the plaintiff’s patents. An alert from Arent Fox takes a close look at the bill, section by section.