A patent system that promotes innovation and permits innovators to reap the rewards of their efforts - including through litigation when necessary - is a key enabler of technological progress. The system, however, must fairly and realistically enable accused infringers to prove that their products do not infringe on valid patents. The US system needs reform. Litigation rules in the US courts have increasingly become biased against accused infringers, leaving few options other than to accept a plaintiff's royalty demands. Steps must be taken to level the playing field. In addition, more work can be done to improve patent quality.
Congressional action should include reforms involving:
1) apportionment of damages when appropriate;
2) so-called "willfull conduct";
3) enhanced post-grant opposition opportunities;
4) appropriate venue for litigation;
5) improvements in patent quality.