Posts Tagged: "Capitol"

Capitol Hill Roundup for the Week of December 3, 2018

This week on Capitol Hill, the Senate appropriations Committee will hold a hearing on efforts leading to advanced nuclear reactor technology while the Senate rules committee will consider a bill that would amend the nomination process and the required qualifications for the Register of Copyrights. Over in the House of Representatives, hearings on artificial intelligence applications for national defense, Google’s data collection practices and a recently passed bill for bridging the digital divide will also take place this week.

Capitol Hill Roundup

This week on Capitol Hill is another light one in terms of hearings focusing on topics related to technology and innovation. Although the House of Representatives is in session all week after the Columbus Day holiday, there are no hearings scheduled for the week as of Sunday,  and the House is about to enter a few weeks’ worth of district work periods. In the Senate, the Commerce Committee convenes a hearing to look at recent consumer data privacy laws passed in Europe and California, and the Banking Committee explores the potential of blockchain and cryptocurrencies in the national financial system.

Patent Reform Advocate, Congressman Darrell Issa, Will Not Seek Re-election

Earlier today Congressman Darrell Issa (R-CA), announced that he will not seek re-election in 2018 and will retire from Congress. Issa, who currently Chairs the House’s Judiciary Committee’s Subcommittee on Courts, Intellectual Property and the Internet has been an outspoken advocate for the need for more patent reform… If Republicans hold on to a majority in the House it seems likely that Congressman Doug Collins (R-GA) will take over as Chair of the House IP Subcommittee. Collins, an ally to inventors and creators, is currently Vice-Chair of the House IP Subcommittee. If Collins is granted the gavel that would be good news for patent owners and those generally supportive of strong intellectual property rights.

Looking Forward: Predictions and Thoughts about 2018

First, I predict that the United States Supreme Court will find post grant procedures under the America Invents Act to be unconstitutional. It is my belief they took Oil States not as a patent case, but rather as an Administrative State case, and if that is correct this could be the first in a series of decisions over a number of years that will pull authority back from the growing Administrative State and toward the Judiciary. Second, in the event the Supreme Court does not declare post grant challenges unconstitutional, I predict the new USPTO Director will substantially modify PTAB rules and procedures, making them more fair and balanced. Third, again assuming my first prediction is incorrect, I predict the PTAB will continue to ignore Eleventh Amendment immunity and will likewise rule Indian Tribes do not deserve to claim sovereign immunity when in front of the PTAB. This will set up a showdown at the Federal Circuit that will ultimately be settled by the Supreme Court, likely in 2019. Finally, I predict there will be continued discussion about patent reform, with the conversation becoming increasingly pro-patent as Members of Congress continue to see undeniable proof that the U.S. patent system is regressing while the patent systems of the EU and China are on the rise. More specifically, I predict that the U.S. will fall out of the top 10 for patent protection in the annual Chamber IP Index, which will send a shockwave through the Capitol.

What Mattered in 2017: Industry Insiders Reflect Biggest Moments in IP

Unlike previous years where we had near unanimity on the biggest moments, this year we see wide variety of thought, from SCOTUS to Capitol Hill to the DOJ… Steve Kunin focus primarily on the Supreme Court patent cases, which Bob Stoll also mentions but then goes on to discuss the lack of momentum for more patent reform and the nomination of a new Director for the USPTO as key moments. Paul Morinville also mentions the political on Capitol Hill, but focuses on Members of Congress not buying into the patent troll narrative like they once did. Erik Oliver focuses on a rebound in the patent market, Alden Abbott sees a pro-innovation, pro-patent Assistant Attorney General for Antitrust as a dramatic shift for the DOJ. Ben Natter, Jess Sblendorio and Alexander Callo focus on the Supreme Court’s decision in Matal v. Tam, which declared the prohibition against registering disparaging trademarks unconstitutional.