Posts Tagged: "Senator Ted Cruz"

At the top of Amin’s prepared remarks delivered to the Senate judiciary committee, he noted the fact that the importance of protecting IP was made explicit by Article I, Section 8, Clause 8 of the U.S. Constitution, often referred to as “the IP clause.” Amin said that his first responsibility as IPEC, if confirmed, would be to work with the White House as well as senior leadership at relevant agencies and departments to ensure well-coordinated efforts as well as the effective and efficient use of resources. “We need to ask ourselves three important questions — What are we doing well? What isn’t working? And what should we be doing?” Amin’s remarks read. Second, Amin would use existing law enforcement tools in order to ensure IP laws are enforced and prevent counterfeit and infringing goods from entering the U.S. market by engaging with stakeholders and trading partners on those issues. Third, he would focus on developing an IP enforcement policy which addresses all sectors of intellectual property including patents, copyright, trademark and trade secrets.

The Senate Judiciary Committee is where any action relating to intellectual property reform will be played out during the 115th Congress, at least on the Senate side of the Capitol. Unlike in previous years, we enter 2017 without much support for a fresh round of patent reform, but at least some patent reform measures are sure to be introduced during the 115th Congress… Look for efforts to grant the Copyright Office greater autonomy and independence during the 115th Congress, even a push to remove the Copyright Office out form under the Library of Congress… Without further ado, meet the Republicans on the Senate Judiciary Committee.

The NASA Transition Authorization Act would require NASA to develop propulsion technologies intended to reduce travel time to Mars, as well as develop a strategic framework for human space flight to Mars, and would also require NASA to develop a transition plan that would enable greater participation in the International Space Station (ISS).

This extra attention on Wisconsin, coupled with Paul Ryan being the dream candidate for those who favor an open Republican Convention, provides us with a somewhat manufactured, yet novel and non-obvious opportunity to examine Ryan’s views on patents. Oddly, much like those of candidate Kasich, Ryan’s views have been in favor of fee diversion, which have been identified by former heads of the U.S. Patent & Trademark Office as the single biggest problem that has or will face the Office. Indeed, the mentality that leads Donald Trump to exalt the virtues of eminent domain for the greater good isn’t all that different from the thinking that must be required when Paul Ryan (and Kasich too) decide it is appropriate to siphon off user fees from the USPTO.

Karen Gren Scholer has been nominated to serve on the United States District Court for the Eastern District of Texas. If confirmed, Scholer, who was born in Tokyo, Japan, will become the first Asian American to serve as a federal district court judge in Texas or any of the courts encompassed by the United States Court of Appeals for the Fifth Circuit, a territory that encompasses Texas, Louisiana, and Mississippi.

India, the world’s second-largest country by population, sends the most foreign workers to America on H-1B visas for specialty occupations by a wide margin. Statistics reported by the U.S. Department of State show that in 2012, 80,630 H-1B visas were issued to workers coming from that country. In second-place that year was China, which sent a total of 11,077 workers over on an H-1B visa; these numbers include submissions of visa extensions which don’t count against the annual cap of 85,000 new H-1B visas.

On the Republican side, front-runner Donald Trump, whose inability to be stopped by his own rhetoric has proven to be a hallmark of his campaign, has said himself that he is “changing” on this issue, at least where skilled talent is concerned. Trump has been on both sides of the H-1B visa issue, which makes it difficult to know what he really believes and what policy might become during a Trump Administration.

Simply stated, Senator Ted Cruz (R-TX) did not deserve the F foisted on him by the Engine study or amplified by the reporting by Wired and Ars Technica. Notwithstanding the inexplicable F given to Senator Cruz, the biggest error in the “report card” related to something that never happened. Senator Marco Rubio was given a B based on his vote in favor of the America Invents Act (AIA). The problem is that Senator Rubio missed that vote on the AIA and is also on record saying that had he been present he would have voted against the AIA. Indeed, there are many other inaccuracies and misleading statements that collectively left us wondering if the scoring of this “report card” intentionally misleads the public and reinforces the stereotype that the tech community only likes Democrats.

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.

For Cruz his depth of sincere appreciation and awareness of the role patents and private property rights comes from his meager roots, from his work as an attorney in private practice for commercial clients, and working for the people of Texas as their Solicitor General and on cases involving eminent domain and intellectual property. If the 2016 Presidential race were simply a one issue contest Cruz would certainly enjoy a substantial advantage. But since the 2016 race is defined by personality then it is worth noting how much Cruz has in common with Abraham Lincoln, thanks to patents. Among other things, just as Ted Cruz used patent litigation to fund his Senate campaign, Lincoln funded his Congressional and Presidential campaigns on patent lawsuits.

Chen, an Obama appointee, was confirmed only several years ago by a vote of 97-0. Born in 1968 he is 47 years old, meaning he could easily serve on the Court throughout the next generation, in modern times an important consideration for a Presidential nomination to the High Court. Chen also comes from the Federal Circuit, which is anything but politically controversial, primarily responsible for handling patent appeals. Chen would also become the first Asian American to serve on the Supreme Court, another potentially important consideration for President Obama, who has shown throughout his term in Office that he likes breaking glass ceilings with appointments and nominations. Thus, Chen would have virtually all the same upside as would Srinavasan without any of the baggage that would make confirmation difficult, if not impossible.

Donald Trump argued at the New Hampshire debate that our nation’s infrastructure would not happen without eminent domain. While economic development as a justification for eminent domain has been severely criticized, there does not seem to be a similar criticism associated with stripping property rights from patent owners in order to allow technology adopting infringers to distribute what they did not themselves innovate without paying the property owner for the privilege.

The Patent Act itself clearly and unambiguously states that patents are property. See 35 U.S.C. 261. Unfortunately, this property right of Constitutional significance has increasingly come under attack over the last decade. Without either substantial legislative fixes, or a new Administration that orders a new Director of the USPTO to rewrite post grant regulations, no single case could undue the significant damage that has been done to the U.S. patent system by the creation of the PTAB and post grant proceedings. That being said, Cuozzo does offer an excellent opportunity to say enough is enough and fight to protect a Constitutionally critical property right our most respected Founding Fathers thought to be absolutely critical.

At this point in the presidential cycle it is too early to expect a great deal of substance on issues like patents? The point where patents may come up in the debates will be in these application layer issues of drug pricing, taxes or maybe trade. But even then the discussion will be delicate and nuanced, unless we have a February 2008 situation. Sure litigation gamesmanship (generally and not just patents) remains important and perhaps for reasons not widely appreciated given the recent Supreme Court decisions on class action lawsuits and arbitration issues that have changed the balance of the force. Senator Ted Cruz, Carly Fiorina and Senator Rick Santorum have already publicly expressed specific views about the Constitution and the patent system. And certainly the Constitution gets referenced a lot at the debates. But are they going to use their finite time at a debate to discuss patents when there is broader interest in guns, terrorism, refugees, wars, and the powers of the president?