From the Alliance

Nov. 19, 2013

Innovation Alliance statement on tomorrow’s House Judiciary Committee markup of H.R. 3309, The Innovation Act

WASHINGTON – Innovation Alliance Executive Director Brian Pomper released the following statement in advance of tomorrow’s mark-up of H.R. 3309, the Innovation Act, by the U.S. House Judiciary Committee:

“The Innovation Alliance applauds Chairman Goodlatte’s decision to remove the covered business method (CBM) provision from his manager’s amendment to H.R. 3309. However, we remain concerned about several other provisions in the bill that would have serious negative unintended consequences on American innovation, economic growth and job creation. In particular, the mandatory stay provision is overbroad and would apply to entities well beyond the innocent ‘mom and pop’ stores that we all want to protect. In its current form, this provision prevents patent holders from obtaining fair and efficient access to justice, causes even more patent litigation, and invites abuse by infringers who want to unfairly limit their damages. We also believe that a party invoking post-grant review procedures should not be permitted to pursue piecemeal challenges to patent validity, and for that reason oppose the repeal of the ‘could have raised estoppel’ standard for subsequent patent litigation.

“As Congress continues to debate patent legislation, we hope policymakers take into account the concerns of a wide spectrum of stakeholders – from inventors, judges and universities to companies and organizations representing America’s innovators – that we do nothing to jeopardize the very innovation ecosystem that drives our nation’s economy.”

About Innovation Alliance
Innovation and entrepreneurship are at the heart of America’s economic strength. The U.S. patent system is, in turn, the foundation for America’s inventiveness and dynamic business culture. Changes to the U.S. patent system will impact our nation’s ability to continue as the globe’s technological leader and must be approached with caution and forethought. The Innovation Alliance is committed to improving patent quality while protecting and promoting innovation. For more information, please visit:


Contact: Jaime Horn, (202) 827-7859,