AEI Fellow Sees Hope for Patent Revamp Legislation in Hatch, Issa Remarks

Indications are growing that Congress may be able to act on patent law revamp legislation this year, said American Enterprise Institute Center for Internet, Communications and Technology Policy Visiting Fellow Michael Rosen in a Wednesday blog post. Rosen noted recent comments by Sen. Orrin Hatch, R-Utah, (see 1702160055) and House IP Subcommittee Chairman Darrell Issa, R-Calif., that indicate they're zeroing in on more targeted legislation that would address issues like a revamp of rules governing the court venue for patent infringement lawsuits. “One way or the other, Hatch and Issa will push reform forward,” Rosen said. “Whether they succeed remains to be seen.” House Judiciary Committee Chairman Bob Goodlatte, R-Va., said in February that he would need to re-evaluate whether to include patent venue language in future patent legislation depending on the outcome of the Supreme Court’s pending review of those rules (see 1702010069). The Supreme Court is set to hear oral argument March 27 in Heartland Food Products Group's requested review of 28 U.S.C. Section 1400(b), which requires a plaintiff to bring a patent infringement lawsuit only in a U.S. District Court where the defendant resides or has an “established place of business.” Tech groups are watching that case.