Posts Tagged: Congress


Interoperability in electronic health records between VA, DoD the subject of Senate appropriations subcommittee hearing

The VA announced this April that its EHR system had reached certification for interoperability, months after the DoD had reached the same milestone, but investigators at the …
By Steve Brachmann
5 days ago 0

After Cuozzo, Congress Must Take Back the Ball

While the Supreme Court spoke clearly and unanimously on the issue in Cuozzo, this hardly means the standard to be applied to claim construction in IPRs has …
By Jonathan Tropp
7 days ago 8

Business interests and consumer concerns clash at Senate hearing on FCC’s broadband privacy rules

On the morning of Tuesday, July 12th, members of the U.S. Senate Committee on Commerce, Science, & Transportation convened for a hearing on a notice of proposed …
By Steve Brachmann
13 days ago 3

Rep. Lamar Smith calls NOAA ‘afraid of innovation’ during hearing on weather satellites

The day’s most withering criticisms, however, came from the House science committee’s ranking Republican, Rep. Lamar Smith (R-TX). Smith contended that NOAA’s problems had …
By Steve Brachmann
18 days ago 0

Congressional Action Required: Post-Expiration Patent Royalties

Though much of today’s proposed patent legislation is controversial, removal of the Brulotte rule remains largely uncontested by analysts and has historically garnered support on both …
By Leslie Ware & Jaden Warren
2 months ago 6

Termination of an OED Disciplinary Proceeding: How A SOL Defense May Be Properly Construed

The Hearing Order concluded that the parties raised sufficient issues of material fact to warrant the ready-to-go Hearing to determine when respondent’s alleged misconduct was actually “…
By Steve Lipman
2 months ago 2

A Good Opportunity to Reframe the Patent Reform Debate

Corrosive changes in patent law are undermining research university commercialization of patented, federally-funded basic research, endangering our nation’s innovation ecosystem. Mounting uncertainty repels private investment needed …
By Chris Gallagher
2 months ago 9

The Defend Trade Secrets Act of 2016 Creates Federal Jurisdiction for Trade Secret Litigation

There is now federal jurisdiction for trade secret theft. The DTSA creates a federal cause of action for trade secret misappropriation that largely mirrors the current state …

How Congress can ensure the patent system protects inventors and entrepreneurs

Congress can, and should, take at least four steps in restoring the health and vitality of our patent system: First, Congress should ensure that the patent grant …
By Brian O’Shaughnessy
2 months ago 3

WhatsApp end-to-end message encryption draws political ire in U.S. and abroad

In the world of messaging services, the cross-platform mobile messaging app WhatsApp enjoys the enviable position of being the world’s most popular messaging service, eclipsing one …
By Steve Brachmann
2 months ago 0

House overwhelmingly passes Defend Trade Secrets Act, bill now moves to White House

Earlier today the United States House of Representatives passed S. 1890, the Defend Trade Secrets Act of 2016 (DTSA), by a vote of 410-2. Only Congressman Thomas Massie (R-KY) …
By Gene Quinn
3 months ago 1

Intellectual Property Professors Call on Congress to Modernize the Copyright Office

As the Library of Congress ushers in a new era with a new Librarian, the time is ripe to ensure that the Copyright Office has the accountability …
By Sandra Aistars
3 months ago 0

American business likely to benefit from greater protection for trade secrets

Where an ex parte order is unavailable under the DTSA, complainants may still seek injunctive relief. However, unlike the UTSA, which also offers injunctive relief, the DTSA …
By Terrence A. Oved
3 months ago 17

Appropriately Crafted Federal Trade Secrets Legislation Will Promote Competition and Economic Welfare

Trade secrets are the only major type of intellectual property (IP) that is not backed by U.S. federal civil remedies to compensate owners for theft. Notably, …
By Alden Abbott
4 months ago 0

Defend Trade Secrets Act Adopted by Senate

In today’s political climate, any bipartisan legislative action is, well, unusual. Unanimous votes are like unicorns. But one happened yesterday, as the Senate voted 87-0 to …
By James Pooley
4 months ago 8