`EXHIBIT 2008
`
`EXHIBIT 2008
`
`

`

`November 18, 2013
`
`The Honorable Robert W. Goodlatte
`Chairman, House Judiciary Committee
`2138 Rayburn House Office Building
`Washington, DC 20515
`
`Dear Mr. Chairman:
`
`On behalf of BSA | The Software Alliance, I write to express strong support for your
`Chairman’s Mark to the Innovation Act (H.R. 3309). A number of important improvements
`have been made to the bill since its introduction, including striking a proposed expansion of
`the Transitional Program for Covered Business Method Patents. With these changes, the bill
`will succeed in curbing abusive patent litigation while preserving critical incentives to
`innovate.
`
`There is near-universal recognition that abusive patent litigation creates a heavy burden for
`companies across the US economy — slowing innovation, undermining competitiveness and
`stunting economic growth. It is an urgent problem that demands legislative action. But it is
`important for lawmakers to remember that the issue is not the patent system itself; it is the
`predatory litigation practices commonly used by patent assertion entities known as “trolls.”
`Legislation should be structured to make life hard for bad actors and better for innovators.
`
`BSA strongly supports key measures in H.R. 3309 that reduce the financial incentive for bad
`actors to engage in abusive patent litigation — measures such as fee shifting, curbing
`discovery abuse, making patent cases more efficient, and requiring patent holders to be
`precise in their claims of infringement and transparent about their ownership structures.
`There are only a few areas where we believe the bill would benefit from further refinement,
`such as ensuring that the provision to protect innocent customers against frivolous
`infringement claims, which we support, works as intended in practice. And with respect to
`changes to well-established PTO practices, all relevant factors should be considered.
`
`We look forward to working with you and Members of the Committee on these matters as the
`legislative process moves forward.
`
`The Innovation Act, as now structured, represents a solid framework for needed reform. We
`strongly urge Members of the Judiciary Committee to support the Chairman’s Mark when it is
`brought before the Committee for a vote.
`
`Sincerely,
`
`Victo riaA.Esp inel
`President and C EO
`
`20 F Street,N W ,Suite800
`W ashingto n,DC 20 00 1
`
`P 202-872-5 5 0 0
`W bsa.o rg
`
`