Posts Tagged: "Senator Pat Toomey"

USMCA Takes Another Step Forward in 25-3 Senate Committee Vote

The United States Senate Finance Committee today considered the U.S.-Mexico-Canada Agreement (USMCA) in an Open Executive Session and voted 25 to 3 to move the bill forward.

The USMCA enjoys wide bipartisan support, but Senators Pat Toomey (R-PA), Bill Cassidy (R-LA) and Sheldon Whitehouse (D-RI) voted against the bill. Toomey and Cassidy objected largely to process issues, as the Committee was not allowed to present amendments under a fast-track process, while Whitehouse was critical of the agreement’s lack of urgency on climate change. President Donald Trump and House Speaker Nancy Pelosi reached agreement on the USMCA, which would, if ratified, replace the North American Free Trade Agreement (NAFTA), on December 10. Notably for the IP community, the new version struck down provisions that would have expanded regulatory data protection for biologics inventions from five years in Mexico and eight years in Canada to 10 years in both countries.

PACED Act has nothing to do with drug prices, discriminates against Native Americans

The bill has nothing to do with drugs or drug prices, how how much Missourians desire cheaper generics. The PACED Act is discriminatory, has nothing to do with lowering drug prices, and doesn’t change the fact that to date no Indian Tribe has ever asserted sovereign immunity in a patent dispute in federal court… Ironically, if the PTAB and PTAB process were seen as fair and even-handed, there would be no incentive for any company to transfer its patents to sovereign tribes or State universities in order to escape the clutches of PTAB jurisdiction. Simply stated, the problem is IPRs, not Native American Tribes or sovereign immunity.

Senator Toomey changes tune on exclusion orders and patents, supports Comcast against TiVo at ITC

Toomey’s comments appear to argue against an exclusion order for TiVo, which at first glance probably is hardly surprising to anyone. Senator Toomey is supporting a large constituent, which is to be expected. However, by doing so in this case Senator Toomey but seems to be directly at odds with a letter he sent just three years ago expressing “strong support of the protections afforded by 19 U.S.C. § 1337 (Section 337)” for a different constituent. Back in 2014, Senator Toomey wrote to the ITC to support a proposed exclusion order because the patent holder in that case “had made considerable financial investments into developing these technologies and without adequate remedies for imported goods that use their patents without paying for them, our de facto policy will be one that encourages this type of activity.” He argued that “[t]his will only deter companies . . . from taking bets on future research and development. That cannot be good for American innovation and job creation.”

Call to Action: Super Committee Addressing USPTO Funding

There has to be some patent attorneys living in the portions of Montgomery and Prince George Counties represented by Congressman Van Hollen. There has to be some patent law firms in Dallas with ties to Congressman Hensarling and/or the 5th District of Texas. I know for sure there are patent attorneys in Ohio, Arizona, Massachusetts and Washington. These are the folks who are tasked with the burden of finding $1.2 trillion to submit to Congress for a vote, and stakeholders in the patent system should reach out to them and express their views on funding for the Patent Office. Businesses, firms and individuals within the relevant Districts and States will likely have the most influence, but anyone and everyone should stand up and be heard. Who knows when, or if, there will ever be an opportunity as good as this to end fee diversion.

Super Committee Considering an End to USPTO Fee Diversion

As the Super Committee struggles to find nearly $1.2 trillion in revenue or savings, they should take a serious look at the proposal to give the US Patent and Trademark Office greater control over its budget and fees by creating a revolving fund. At the request of many in the patent community, Senator Jon Kyl – a member of the Super Committee – is proposing that the Super Committee include the revolving fund The Congressional Budget Office (CBO) has informally indicated that it will score the Kyl provision as saving $700 million over 10 years. By taking the USPTO out of the regular appropriations process, the creation of a revolving fund will take approximately $700 million off budget and help the Super Committee reach their goal. And –besides being a budget saver – the revolving fund is good policy.