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Article
The mandatory stay provision of the 2013 joint House-Senate patent bill
Patent, Trademark & Copyright Journal (2013)
  • Ron D Katznelson, Bi-Level Technologies
Abstract
The author discusses patent legislation proposed in the 113th Congress that, if enacted, would mandate a stay of some cases, stripping district court judges of their independence and discretion in handling patent infringement cases. The author explains that the proposed provisions would also undo the prohibitions against instituting certain administrative post grant proceedings at the U.S. Patent and Trademark Office during a parallel court proceeding challenging patent validity, promote de-facto the lowest damages “apportionment” scheme, and perversely and illogically insert plaintiffs into unresolvable situations involving a combination of direct and indirect infringing parties, thereby denying relief to patentees.
Keywords
  • Patent legislation,
  • mandatory stay,
  • customer suit,
  • post grant review
Publication Date
August 23, 2013
Citation Information
Ron D. Katznelson, "The mandatory stay provision of the 2013 joint House-Senate patent bill," Patent, Trademark & Copyright Journal, Vol. 86, p.868 (Aug. 23, 2013). Available at http://bit.ly/mandatory-stay.