Posts Tagged: "Senator Jeff Sessions"

Patently Trump: Can He Do a Better Job Enforcing American Innovations?

Now it is time for Trump to call for a vigorous debate on the Trans Pacific Partnership Treaty (“TPP”) to demonstrate his expertise on matters of strategic national and international economic importance. The TPP, now pending before Congress, makes many changes to the US patent system and some in Congress such as Senators Orrin Hatch (R-UT) and Rob Portman (R-OH) have already expressed opposition because of how it weakens American intellectual property rights. Trump should challenge Senators Rubio and Ted Cruz to debate the TPP with their Senate colleagues now rather than wait for the lame duck Congress, when many politicians newly unaccountable to voters could do strange things.

Defend Trade Secrets Act ready for markup in Senate Judiciary Committee

Earlier today the Senate Judiciary Committee held a hearing on the Defend Trade Secrets Act, which is authored by U.S. Senators Chris Coons (D-DE) and Orrin Hatch (R-UT). This is an important issue for Congress because trade secret theft puts American jobs at risk and threatens incentives for continued investment in research and development in the United States. Currently, civil trade secret laws can and do vary state-to-state, and while the differences may not be substantively large it is truly odd that in a global economy the United States has left trade secret law to the States to individually regulate. It is long since time for Congress to act.

Patent Abuse or Genius? Is Kyle Bass Abusing the Patent System?

Time and time again throughout the legislative history post grant proceedings were explained as being a faster, low-cost alternative to litigating validity disputes in Federal District Court. That being the case, it would seem extremely odd that any petitioner could bring a post grant challenge to a patent when that petitioner would not have standing to sue to invalidate the patent in Federal District Court. However, the statute does say that a person other than the patent owner can file a petition to institute an inter partes review.

IP and the 114th Congress: Meet the Senate Republicans on the Judiciary Committee

In the Senate the Judiciary Committee is where any action relating to intellectual property reform will be played out. Key Republican Senators on the Judiciary Committee, including Senators Grassley, Cronyn and Hatch, are on record as saying that more patent reform is on the horizon. Thus, the question is not if the Senate will take up patent reform during the 114th Congress, but rather how quickly it will be brought up in Committee. Additional patent reform in 2015 seems like a nearly foregone conclusion, but when everyone starts thinking that patent reform has a way of going no where fast, or at least that has been the history of patent reform in Congress.

Senate Votes 89-9 to Pass Patent Reform, No End to Fee Diversion

It looks like my prediction on Tuesday that the Senate would pass H.R. 1249, the America Invents Act, prior to President Obama’s much anticipated jobs and economy speech that begins at 7:00pm ET today, Thursday, September 8, 2011. The Senate voted to pass H.R. 1249 and send the House version of the America Invents Act to the White House for President Obama’s signature by a vote of 89 to 9. The Coburn Amendment, which would have once and for all put an end to fee diversion, was unsuccessful, being tabled by a vote of 50 to 48.

Bipartisan Group Of Senators Urge Action On Patent Reform

A bipartisan group of 25 Senators Wednesday sent a letter to Senate Majority Leader Harry Reid (D-Nev.) urging him to schedule a vote on the bipartisan Patent Reform Act. The legislation will make the first reforms to the nation’s patent laws in more than 55 years, and will update the patent system to improve patent quality and increase certainty among parties in litigation.

Leahy Procedural Move Makes Patent Reform Passage Near

Senate Judiciary Committee Chairman Patrick Leahy (D-VT) recently came to agreement with Committee Ranking Republican Jeff Sessions (R-AL) on changes to the Patent Reform Act of 2009 (S. 515), winning Senator Sessions’ support for passage and making it extremely likely that patent reform will happen this year, and likely very soon. An individual involved in the ongoing patent reform debate…

Obama Administration: The Harmonization Capitulation

If you have not already read the letter from Commerce Secretary Gary Locke to Senator Patrick Leahy (Chair of the Senate Judiciary Committee) and Senator Jeff Sessions (Ranking Republican Member), you absolutely need to read it to comprehend the massive changes the Obama Administration is supporting with respect to patent reform.  It would be difficult to over exaggerate the magnitude…

Patent Reform: Obama Favors Major Changes to Patent Law

There has been something brewing for at least a couple weeks now on the patent reform agenda, and I have been trying to make sense of it all.  I am not sure I have my head wrapped around it yet, but the Wall Street Journal (via Dow Jones Newswire) is reporting that President Barack Obama is placing his support behind…

Kappos Nomination Unanimously Forwarded to Full Senate

Earlier today the Senate Judiciary Committee voted to advance the nomination of David Kappos, former Vice President and Assistant General Counsel for IBM, to be Undersecretary of Commerce for Intellectual Property, a job that also comes with the title of Director of the Patent and Trademark Office.  The vote in the Judiciary Committee was unanimous, with all Democrats and Republicans…

David Kappos Shines at Senate Confirmation Hearing

To start the confirmation proceedings in the Senate Judiciary Committee, Senator Patrick Leahy (D-VT) introduced David Kappos this morning with a lengthy and impressive recitation of Kappos’ credentials and experience.  He started out with IBM as an engineer after graduating with highest honors from the University of California Davis with a degree in electrical and computer engineering, and moved to…

Bipartisan Questioning of Patent Reform in US Senate

Today I am in San Diego, California at the Annual Conference of the National Association of Patent Practitioners. I will be speaking later this afternoon regarding the status of Patent Office rulemaking and providing an update of Patent Rules that were implemented over the last year, so I have patent rulemaking and patent reform on the mind. Thus, when I…