SIIA joins other prominent American organizations to address Chairman Durbin and Ranking Member Graham regarding concerns over patent litigations.
The organizations voice their grave concern over patent litigation employing invalid patents against U.S. enterprises. They assert that over 40% of challenged U.S. patents have historically been found invalid, highlighting the crucial role of Patent Trial and Appeal Board (PTAB) review in ensuring patent validity and offering an affordable alternative to court battles. The coalition is deeply troubled by legislative efforts, exemplified by the Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL Act), which they argue would further weaken protections against abusive patent litigation, hinder PTAB reviews, deteriorate patent quality, and disadvantage domestic businesses and consumers.
The coalition warns that such legislation would disproportionately favor foreign entities and non-practicing patent holders, harming American competitiveness, innovation, and economic growth. They raise specific concerns about proposals within the PREVAIL Act, which they believe will obstruct fair PTAB review, limit challenges based on prior art, and impose punitive measures on defendants.
Ultimately, the coalition urges lawmakers to reconsider the proposed legislation, emphasizing the importance of maintaining robust mechanisms to correct patent errors and encouraging efforts to prevent such errors from occurring in the first place.
