Congress Legislating Key Issue in RFID Patent case
As this article from RFID Journal indicates, one of the key disputes in the patent litgation between Intermec and Alien is whether that court is the proper venue for hearing the dispute. Because there has been such growth in patent litigation, particularly in the IT sector, both Congress and the Patent and Trademark Office have been proposing significant changes in how patents are filed, reviewed, disputed and resolved. Taken together, the changes being proposed in Federal legislation represent the most sweeping changes in US patent law in decades. One of the more recent drafts of legislation in the House Judiciary Subcommittee on Courts and Intellectual Property includes language that would limit in which courts a patent case could be filed. Another bill gaining some momentum, from Congressman Darrell Issa (R-San Diego), would create a process where judges would self-select to be assigned complex patent cases. The intent is, over time, to develop judges with unique expertise in the rigors of a detailed, technical patent dispute -- since it can often be hard for courts to decifer the technology disputes at the core of these cases.
As the RFID industry grows, these patent disputes are likely to grow in number and importance. Companies should be watching how the PTO is changing the rules, and how Congress is getting involved. Both to understand how those changing rules might affect your future business strategy, and to determine whether the effect is significant enough to get involved. Other IT companies, pharmaceutical companies, biotechs, universities have been very engaged in the federal legislative effort -- the RFID industry has been nonexistent.
Wish to be involved!
