legislation
Congressional Budget Office - S.1145 would increase budget deficits by $1.4 billion from 2009 to 2018
The Congressional Budget Office released its analysis of the budgetary impact S.1145, the Patent Reform Act of 2007. The Office estimates that enacting the bill as reported by the Senate Committee on the Judiciary would increase direct spending by $26.9 billion while increasing revenues by $25.5 billion over the 2009-2018 period. The bulk of the revenue increase would come from making permanent PTO’s authority to collect and spend certain fees. The net effect of the bill is estimated to be a $1.4 billion deficit increase between 2009 and 2018.
Leahy and Hatch on Patent Reform Act of 2007 - we’re making progress beacuse no one is entirely happy
This morning’s Washington Times includes Meaningful Patent Reform, an op/ed piece co-authored by Senators Leahy and Hatch. Characterizing themselves as “close partners on intellectual property issues,” the current and immediate past chairman of the Senate Judiciary Committee pitched their case for passage of S.1145, the Patent Reform Act of 2007.
Pharma-backed Coalition spent $1.2M lobbying for patent reform
Lobbyist disclosures are beginning to shed light on the scope of the battle being fought behind the scenes on patent reform. Just last week we learned that Blackberry-maker RIM spent $890k lobbying Congress (mostly) on patent reform in 2007 (the sum also includes fees related to “regulatory rules to make more digital wireless handsets accessible to consumers with hearing disabilities”). Now we’ve got a sense of the “defense” being mounted by those on the other side of the battle (which, interestingly enough, isn’t limited to just pharma and biotech companies). According to this CNN report, recently-filed lobbyist disclosures reveal that the Coalition for 21st Century Patent Reform “paid a lobbying firm nearly $1.2 million in 2007 to lobby on patent reform legislation.” Some interesting details:
Cable GC - patent reform is about loopholes, frivolous lawsuits, and American jobs
According to Grier C. Raclin, executive vice president and general counsel of Charter Communications Inc., patent reform legislation is necessary to guard against “existing loopholes” and to protect against “frivolous lawsuits.”
In this Op/Ed piece on STLtoday.com, Mr. Raclin invokes two powerful concepts - loopholes and frivolous lawsuits - that immediately resonate with folks having no legal background.
Dirty pool in patent politics?
The “Dear Senator” letters and memoranda on patent reform have been flying fast and furious over the last several weeks. The rhetoric of late is at an all time high and seems to reflect the “false choice” on innovation described by PTO Director Jon Dudas in his explanation of the Bush administration’s letter of opposition [...]
Dudas: S1145 creates a false choice on innovation, but balance can be struck
Jon Dudas held a Q&A with the media this morning to discuss the recently-issued Bush administration letter of opposition (.pdf) regarding the Senate version of The Patent Reform Act of 2007 (S.1145).
Director Dudas characterized the bill (and legislative reform proposals in general) as creating “a false choice on innovation.” How can it be that [...]
Kaptur to Justice - Microsoft has ‘aggressive posture’ on patent reform
Representative Marcy Kaptur (D-OH), an ardent opponent of comprehensive patent reform efforts, recently jumped on an opportunity to notify the administration about Microsoft’s “agressive posture” on the issue.
Kaptur, the most senior Democratic woman on the influential House Appropriations Committee, recently issued a letter to Attorney General Michael Mukasey urging the application of a ’strict scrutiny’ [...]
Patent reform down to four sticking points?
According to Hewlett-Packard Co. General Counsel Mark Holston, the comprehensive approach to patent reform, which has now spanned several Congressional sessions and is currently styled as S.1145, is “down to four sticking points.”
What are they? Only the most significant and most controversial provisions of the entire reform effort:
“The sticking points involve calculating damages for [...]
Let the games begin
I note the following from today’s floor debate of H.R. 1908, The Patent Reform Act of 2007:
1. Patent trolls and “bad patents” continue to be the rallying cry of the reformers. Amazing, then, that no mention was made of eBay v. MercExchange, KSR v. Teleflex, or the PTO rules limiting the ability to [...]
Senate reform bill to be delayed?
A group of five Republican Senators has asked that the Senate Judiciary Committee to hold more hearings on patent reform before approving the Patent Reform Act in its Thursday hearing.
The Senators questioned the substance of the apportionment of damages and post-grant review provisions of the bill:
These changes “need to be more carefully examined to ensure [...]



