Reform Act Will Undermine Patent Holders' Rights

Law360, New York (August 28, 2007, 12:00 AM EDT) -- Continuing what some have called this year’s assault on the rights of patent holders—as witnessed by MedImmune, KSR, Seagate and SanDisk—those so inclined may now add to the list the Patent Reform Act of 2007 (“Act”), which is currently pending in Congress.

Among the potentially troubling aspects of the Act is the proposed amendment to 35 USC § 284 regarding willful infringement. If the amendment passes into law in its current form, it may force patent holders to risk a declaratory judgment (“DJ”) action by the...
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