To curb abusive patent litigation practices, Rao encouraged Congress to enact rules more accurately directing judges to impose fees on opportunistic parties to litigation. “Strengthening Rule 11 of the Federal Rules of Civil Procedure also would help. It imposes an affirmative duty on plaintiffs not to file a suit aimed at harassing or imposing undue costs on a defendant — and it empowers judges to impose substantial sanctions if the rule is violated.”

Noting that patent litigation abuse has intensely focused on software, Rao also stressed the importance of software patents to the economy and affirmed the widely held industry belief that software is deserving of patent protection. “The software industry is now a critical sector of our economy, contributing more than $400 billion to our nation’s gross domestic product, employing more than 2 million U.S. workers, and paying salaries that are roughly 200 percent of the national average,” Rao said. “This vital industry needs intellectual property protection to continue its development and ensure American leadership in this area for years to come.”

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About BSA

BSA | The Software Alliance ( is the leading global advocate for the software industry. It is an association of world-class companies that invest billions of dollars annually to create software solutions that spark the economy and improve modern life. Through international government relations, intellectual property enforcement and educational activities, BSA expands the horizons of the digital world and builds trust and confidence in the new technologies driving it forward.

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