Of course, we are here to correct the problem of patent trolls. We are, unfortunately, faced with a measure, H.R. 3309, which goes well beyond the issue of trolls and would, unfortunately, weaken every single patent in America. I say this for several reasons. First, H.R. 3309 fails to respond to the single most important problem facing our patent system today--the continuing diversion of patent fees. Nearly $150 million in badly needed user fees have been diverted in fiscal 2013. It is estimated that $1 billion in fees have been diverted in the last two decades. This cannot go on. Next, the bill's heightened pleading requirements will deny legitimate inventors access to the court in several critical respects: They will have an unfair impact against patent holders across the board; They are drafted in a one-sided manner; They will prolong litigation; They are unnecessary because the courts are already addressing pleading standards. The next thing I would bring to your attention is the bill's fee- shifting requirements will favor wealthy parties and chill meritorious claims. I am not surprised that the other side would be advancing something like this, but it is shocking because the provision is drafted in an overly broad manner and will apply well beyond patent infringement actions. The next thing that I would point out is that the bill's discovery limitations are counterproductive.…
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