(Originally published by Law360 on October 3, 2024.)

Patents can contribute to economic value. But when patent owners sue for alleged patent infringement, it’s all too easy for them to overclaim, pointing to the feature they claim to have invented and inviting courts and juries to discount everything else that makes a commercial product valuable.

Allowing patent holders to claim damages for technology they didn’t invent disrupts the balance patent law intends to set, leading to unjust windfalls and stifling innovation.

Congress is currently considering changes to patent eligibility standards and patent validity review practices, purporting to address vulnerabilities in U.S. global technology leadership.

Continue reading the opinion here.