Customer Suit Exception

This morning, the House of Representatives passed the Innovation Act (also known as the Goodlatte bill) by a vote of 325-91.  A number of amendments that would have gutted or watered down the bill were defeated.

Key provisions of the Innovation Act, as passed, include:

  • Heightened pleading requirements:  A complaint must identify the asserted claims

Santa Clara Law Professor Brian Love and Wilson Sonsini partner James Yoon have written a thought-provoking article (slated for publication in the Boston University Law Review) arguing for the expansion of the customer suit exception as a mechanism to limit the disparate impact of patent litigation.  First, they identify the myriad problems with suing customers/end