Bipartisan Bill Introduced to Stop 'Patent Trolls' in Section 337 Cases
Two members of the House Ways and Means Committee have introduced a bill to clarify who is allowed to bring a patent case at the International Trade Commission, and to change the practice of allowing a litigant to force a company to participate in a Section 337 case by subpoena. "[S]ignificant ITC resources are wasted on unnecessary and costly patent litigation that has nothing to do with protecting U.S. industry and American jobs from unfair foreign competition," a summary of the bill says. The bill also would require ITC officials to affirmatively determine that a Section 337 exclusion order is in the public interest.
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Rep. Suzan DelBene, a former Microsoft executive, and now a Democratic congresswoman from Washington state, is one of the co-sponsors. DelBene is also the chair of the pro-trade New Democrat Coalition.
"Ensuring the International Trade Commission cannot be used as a venue for misuse by patent licensing entities is paramount for protecting consumers and promoting strong global market competition,” Rep. Dave Schweikert, R-Ariz., the other co-sponsor, said. “This legislation is an important step in reforming the ITC’s unfair import processes, and will help to ensure America can continue being a leader in advancing innovation.”