On the recordDecember 4, 2013
Mr. Speaker, I appreciate the gentleman for yielding. I rise in strong support of the rule and the underlying legislation, particularly H.R. 3309, the Innovation Act. As a member of the Judiciary Committee, I have seen firsthand the diligent and deliberative effort put forth by Chairman Goodlatte and the rest of the committee to bring forth to this body a pro-business, pro-growth, pro-liberty bill to reform our patent laws. As my friend from Colorado stated, there is more that can be done, but this is a very positive step. I agree with him, and I appreciate that support. The committee vote speaks for that as well when it is 33-5 reported out of committee on final passage. In the time that I have been yielded, I would like to also talk about a misconception that some in the higher education community seem to have about a fee-shifting provision in this bill. Despite the claims of some, the bill language protects plaintiffs who bring a reasonable and good faith case and who do not engage in litigation misconduct. In fact, even if a plaintiff's case is rejected by a court, the plaintiff is still immune from a fee award if his case ``had a reasonable basis in both law and fact.'' I am a strong supporter of our universities and the incredible research they are doing. I believe our patent laws should protect them, just as they should protect the small businesses and start-ups that rely on our world-class patent system.…





