"The defense-friendly Innovation Act, introduced by House Judiciary Committee Chairman Bob Goodlatte (R-Va.) reflects months of negotiations with Silicon Valley business leaders and other tech entrepreneurs eager for litigation protections that go beyond the two-year-old America Invent Act."
Negotiations between Congressional representatives and those sitting on one side of the issue provide an excellent working definition of rent seeking. Just one example: Suppose I hold a patent covering some sort of internal algorithm or procedure that is not facially evident on a product. It is, however, the lowest-cost, most efficient way of achieving the internal procedure. It is therefore eminently reasonable for me to suspect infringement. But how in the world can I prove it--or even plead it with specificity--prior to discovery? Stated more broadly, if your trade secret infringes my patent, this bill seems poised to immunize you.