
H.R. 5096 (the "PDQ Act") was introduced in the House of Representatives on April 5, 2006 by Representatives Berman and Boucher. An earlier bill, H.R. 2795, remains pending and under consideration in modified form (called the "Coalition Draft"). Links to H.R.2795 and the Coalition Draft are found at the Resource Center page.
The PDQ Act is relatively modest compared to H.R. 2795. In particular it does not include the transition to the first-inventor-to-file system of H.R. 2795. In addition, the PDQ Act does not include H.R. 2795's elimination of the Best Mode Requirement; expansion of prior user rights; changes to continuation practice; or apportionment of damages in infringement cases.
The provisions of the PDQ Act are, however, quite significant: The bill would establish a post-grant opposition proceeding (with oppositions within 9-months of patent grant or within 6-months after receiving notice of alleged infringement); change the standards for injunctions and determining willfulness (which would be determined by a judge rather than a jury); expand inter partes reexamination; and require transfer of venue in certain patent cases, to discourage forum shopping.
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