Once Again, Judiciary Beats Congress To Patent Reform

Law360, New York (October 16, 2013, 6:39 PM EDT) -- It is sometimes expressed, without attribution, that the judiciary uses a swatter to quell flies, while the Legislature uses a sledgehammer. This occurred recently with patent reform as the America Invents Act of 2011 did not pass until many of the controversial and overbroad provisions were stripped from the bills proposed in Congress over the course of several years. This now appears to be the case once again with the U.S. patent system.

Under the American rule in the United States, each party to litigation is...
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