Consider this: Last week the Senate Judiciary Committee reported out of committee comprehensive patent reform legislation for the third time since 2008. Congressional efforts to reform the patent system actually began in 2005, according to the committee. If enacted, the latest proposal (S. 23) would make the first significant changes in the system in six decades.

In contrast, the Supreme Court has ruled in nine patent challenges since 2005, some with major ramifications for patent litigation. Two of the nine also raised antitrust-related issues and another was dismissed as improvidently granted review. The nine decisions are more than double the number of patent rulings by the justices in the five years prior to 2005.

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