This time, it’s the current patent law that is coming under legislative scrutiny. Sen. Patrick Leahy (D-VT) says they’ll introduce the legislation next week.
I don’t know yet what I think of this bill. I don’t think I like the idea that damages are limited in patent infringement cases; patent infringement should hit the infringer hard in the wallet. However, I sit on the fence when I see huge awards coming out of tiny infringements. The courts need to exercise a little bit of common sense: tiny infringement should mean tiny award; big infringement should mean big infringement. If juries bring back huge awards for tiny infringements, maybe it’s time for the judge to set aside the award and make an award that is more in line with the size of the infringement.
That’s just my opinion.
