Thursday, March 3, 2011, 1:20 PM

Is the False Marking Troll's Demise Imminent? Senate is Poised to Pass Patent Reform Legislation "in the Coming Days"

By: Jim Lennon
Shortly after noon today the Senate voted to reject a proposal by Senator Feinstein that would have stripped the first-inventor-to-file provisions from the patent reform bill, now dubbed the "Leahy-Hatch-Grassley America Invents Act."

Among many other changes, the comprehensive reform package will moot the vast majority of currently pending false marking suits because they are brought by plaintiffs who will be ineligible to enforce the new law, i.e., non-competitors (dubbed "trolls" by the Federal Circuit).

The Senate appears likely to pass the measures shortly.

CNBC characterized the status of the bill as follows: "The Senate has rejected a challenge to the key component of legislation to overhaul the patent system, paving the way for passage in the coming days." (emphasis added).

Stay tuned!


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