Over the past two years, Congress has taken an interest in the patent system and has proposed sweeping changes to the patent laws under the buzzwords “patent reform.” While most of these reforms are still in Congressional limbo, one bill that has gotten some traction is directed at creating specialized patent courts in certain U.S. district courts (H.R. 5418).
Driven by a perceived high reversal rate of patent claim construction rulings, this bill is intended to improve the expertise of district court judges, increase certainty and improve the quality of patent litigation to reduce litigation costs. Nevertheless, it’s debatable whether there is even a “real” problem that needs to be addressed and if this bill is an appropriate solution.
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