The debate over patent reform heated up this week in light of a recently announced agreement in the Senate with regard to the Patent Reform Act. On March 4th, Chairman Patrick Leahey, Ranking Member Sessions and others on the Judiciary Committee announced a compromise agreement.
The proposal maintains the previous Senate compromise on damages and also improve the post-...
Patent Reform
03/05/2010
02/26/2010
Senate Judiciary Committee leaders announced that a tentative deal on a bill to overhaul the U.S. patent system has been reached. Chairman Patrick Leahy indicated that the core of the compromise reached on the bill last year regarding damages has been preserved. In addition, the draft agreement appears to improve the post-grant review process. ...
02/04/2010
Four members of the House of Representatives sent a letter to House leaders this week expressing concern over the Patent Reform Act of 2009. The letter, addressed to Speaker Nancy Pelosi (D-CA), Majority Leader Steny Hoyer (D-MD), and Minority Leader John Boehner (R-OH), expressed many of the concerns held by MDMA and...
09/04/2009
September 4, 2009 - An editorial this week in the New York Times highlights the potential harm on entrepreneurs that would be caused by pending patent reform legislation. In the editorial, Scott Shane, a professor of entrepreneurial studies at Case Western University, explains how provisions related to damages and post-grant review would ultimately stifle innovation and harm entrepreneurs’ ability to obtain financing.
05/01/2009
FOR IMMEDIATE RELEASE
May 1, 2009
Contact:
Mark Leahey
(202) 354-7174
MDMA Urges House to Make Significant Changes to Patent Reform Act
WASHINGTON, DC - Mark Leahey, President and CEO of the Medical Device Manufacturers Association (MDMA), issued this statement following yesterday’s House Judiciary Committee hearing on patent reform (HR 1260):
“It is absolutely vital that efforts to reform the US...
04/03/2009
April 3, 2009 - Key members of the Senate Committee on the Judiciary reached an agreement on controversial damages language in the Patent Reform Act of 2009, allowing for a "gatekeeper" role for a judge in the calculation of damages by identifying the appropriate legal standards and relevant factual contentions for the jury in patent infringement cases.
MDMA is pleased that the bill no longer includes mandatory apportionment, but will work to clarify that the gatekeeper role should...
03/27/2009
March 27, 2009 - The Senate Judiciary Committee began work this week on the Patent Reform Act of 2009. The “mark up” was the first of what is expected to be several Committee reviews of the legislation. The panel did move several technical measures of the bill by voice vote. However, the more controversial measures of the legislation, such as the damages and post-grant language, will likely be taken up in a second meeting of the Committee, scheduled to be held on March 31....
03/19/2009
Joe Kiani, Chief Executive Officer and Chairman of Masimo Corporation and Chairman of MDMA, testified before the Federal Trade Commission on the importance of patents and innovation. Kiani discussed the importance of a strong, patent system as it relates to the advancement of innovative medical technologies. In addition, Kiani also discussed some of the potential repercussions of moving forward with proposed patent legislation. The hearing was part of a series conducted by...
03/04/2009
March 4, 2009 - New legislation aimed at reforming the patent system was introduced in both chambers of Congress this week. The bills introduced in each house are comparatively similar, with several minor differences. The bill includes provisions that would dramatically alter the manner in which damages are awarded in infringement cases; a position MDMA and many other innovative industries do not support.
02/15/2008
Febraury 15, 2008 - A report called into question a major tenet of the proposed Patent Reform Act of 2008. The report, issued by the Innovation Alliance, concludes that there is no pattern of extraordinary jury damages awards for patent litigation. The report is based on a survey of over 90 patent cases for the past three years.
One of the principle arguments relied upon by proponents of the Patent Reform Act is that the current...
