Posts Tagged: "Congressman Conyers"

House IP Subcommittee holds yet another one-sided hearing on bad patents and patent trolls

House IP subcommittee chair Rep. Darrell Issa (R-CA) led off the hearing by discussing the large number of interests who are often on Capitol Hill to discuss their issues with “patent trolls,” including the “genius ones” which have only been developed in recent years. Despite the intent of the America Invents Act (AIA) of 2011 to weed bad patents out of the system, “patent trolls” remain active. Issa felt there were a few reasons for this, including the fact that such entities make money and that good patents could still be used to assert unreasonable claims. “Why innovate when it’s far easier and more profitable to simply purchase a patent, acquire one, acquire the rights to a patent, perhaps one that has never been licensed, bully businesses into writing a check, go away without ever seriously litigating,” Issa said. He said that 80 percent of “patent troll” litigation focuses on small business. “Simply put, we should not confuse ‘Making America Great Again’ with ‘Making American Patent Trolls Richer Again,’” Issa said. Although Issa was pleased with the U.S. Supreme Court’s recent decision on patent venue in TC Heartland v. Kraft Foods Group Brands, he recoiled at what he felt was an “overreach” by Judge Rodney Gilstrap from the Eastern District of Texas (E.D. Tex.); Issa felt that Gilstrap misinterpreted the Supreme Court’s decision in TC Heartland by denying a motion to transfer venue from E.D. Tex. in Raytheon v. Cray. “It is, in fact, an act that I find reprehensible by that judge,” Issa said.

House IP subcommittee looks for further ways to curb patent trolls after TC Heartland decision

The day’s hearing focused on the patent troll narrative despite the lack of a substantive connection between that narrative and the TC Heartland case… Rep. Darrell Issa (R-CA), chairman of the House IP subcommittee, started his remarks by asking to what degree the Supreme Court’s decision in TC Heartland fixed a decade-old problem. Noting that new lawsuits have hit consumer electronics giant Apple (NASDAQ:AAPL) in the Eastern District of Texas (E.D. Tex.), Issa went on to say that “patent trolls, in my opinion, are the scourge of the patent world. We have time and time again attempted to stop patent trolls while in fact being objected to by genuine innovators who feel that they will be trampled in our effort to stop the worst of the worst.” Issa also opined that the TC Heartland decision now likely makes businesses of all kinds avoid the jurisdiction of E.D. Tex. “Why set up shop in Eastern Texas if it creates venue for patent infringement,” he said.

Congress seeks to make Register of Copyrights a Presidential Appointment

H.R. 1695 would amend 17 U.S.C. 701. Currently, the Register of Copyrights is appointed by the Librarian of Congress, and acts under the Librarian’s direction and supervision. That would change if and when H.R. 1695 becomes the law of the land. The substantive change would add the following sentence: “The Register of Copyrights shall be a citizen of the United States with a professional background and experience in copyright law and shall be appointed by the President from the individuals recommended under paragraph (6), by and with the advice and consent of the Senate.”

House Subcommittee on Courts and IP holds hearing on PACER system, cameras in the courtroom

The subcommittee convened a hearing to discuss issues of judicial transparency and ethics which affect the system of U.S. federal courts. Republican members of the subcommittee mainly focused on ways of making the Public Access to Court Electronic Records (PACER) system and a wide array of court proceedings more available to the public… Perhaps the most contentious was Osterreicher’s support for increased electronic communications, especially where it involved cameras in the courtroom… Aside from privacy, some Members were concerned that introducing cameras into the courtroom would encourage grandstanding and playing to the camera.

Review the Rule Act would delay SCOTUS proposed changes to Rule 41 on warrants for electronic searches

The Review the Rule Act of 2016 was introduced into the U.S. Senate by Sen. Chris Coons (D-DE), which would delay amendments to Federal Rule of Criminal Procedure 41 set to go into effect on December 1st… The proposed changes to Federal Rule of Criminal Procedure 41, which governs the process for legal searches and seizures of criminal evidence, contraband and criminal suspects, were proposed to both houses of Congress this April by the U.S. Supreme Court in a letter to both houses of Congress from Chief Justice John Roberts. The changes to Rule 41 would give a magistrate judge in a district where activities related to a crime may have occurred the authority to issue a warrant to remotely access electronic storage media to copy electronic records even if the electronic storage media may be outside of the judge’s district.