Tuesday, Nov 12th, 2013

Proposed Stay Provisions Fail To Provide Access To Justice In A Fair And Prompt Way

Several Members of Congress propose stay provisions as part of patent litigation legislation. These stay proposals direct courts to stay judicial proceedings against vendors, manufacturers, and end-users of a product when a retailer or manufacturer farther “upstream” in the distribution chain of the product or component that is covered by the patent is a party in the infringement suit.

Stay proposals aim to spare “innocent” end-users from patent litigation suits and promote the efficient resolution of infringement cases by placing the burden of litigation on “manufacturers.” However, current stay proposals raise numerous negative consequences, without promoting judicial fairness and efficiency. These proposals are drafted too broadly, invite abuse by infringers who want to limit their damages, prevent patent holders from obtaining relief in court, and actually increase patent litigation.

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