Posts Tagged: "Congress"

Mossoff Policy Memo for Hudson Institute Calls for Transparency from I-MAK on Data Used in Drug Pricing Debate

A Policy Memo published by the Hudson Institute and authored by Professor Adam Mossoff of the Antonin Scalia Law School at George Mason University has charged that some of the key data relied upon in the heated debate over the effects of pharmaceutical patents on drug pricing and access may be faulty. The memo, titled “Unreliable Data Have Infected the Policy Debates Over Drug Patents,” specifically targets the Initiative for Medicines, Access & Knowledge (I-MAK), an advocacy organization that has become a “principal, go-to source” for data on the number of patents and patent applications covering pharmaceutical innovations.

Tillis to Garland/ Kanter: Pursuit of New Draft Policy on SEPs Shows a ‘Failure of innovation Leadership’

Senator Thom Tillis (R-NC) today sent a second letter to U.S. Attorney General Merrick Garland and Assistant Attorney General – Antitrust Division at the U.S. Department of Justice (DOJ) Jonathan Kanter expressing concern over the process for releasing, and the substance of, a revised version of the Joint DOJ-U.S. Patent and Trademark Office (USPTO)-National Institute of Standards and Technology (NIST) Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary FRAND Commitments. Tillis sent an initial letter on December 10, 2021, four days after the DOJ published the latest iteration of the Policy Statement for public comment.

This Week in Washington IP: America’s Sputnik Moment with China, Promoting Secure Transatlantic Supply Chains for Critical Tech, and the Energy Impacts of Crypto Mining

This week in Washington IP news, several committee hearings in the House of Representatives will focus on major tech issues. The House Oversight Committee on Thursday explores the energy impacts of cryptocurrency mining, while on Wednesday afternoon the House Europe Subcommittee will discuss ways to improve resiliency in transatlantic supply chains for critical technologies. Elsewhere, the Center for Strategic & International Studies will welcome former USPTO Director Andrei Iancu for a discussion regarding whether America’s tech policy is forcing the nation into another Sputnik moment in the race against China to build a strong domestic semiconductor industry.

Senate Judiciary Committee Sends Vidal and Stark Nominations to Senate Floor

Today, the full Senate Judiciary Committee officially voted to confirm the nomination of Katherine Vidal by a vote of 17-5 for Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO). The Committee also voted 16-6 in favor of Judge Leonard Stark, President Biden’s nominee to replace U.S. Court of Appeals for the Federal Circuit Judge Kathleen O’Malley, who announced on July 27, 2021, that she will retire, leaving a vacancy on the court as of March 11, 2022. The hearing was originally scheduled to take place last week, but was postponed to allow members of the committee to attend the funeral of former Senator Johnny Isakson (R-GA) on January 6.

Amici for Apple Tell SCOTUS Federal Circuit’s Article III Standing Ruling Violates Precedent, Upsets Congressional Intent in Enacting AIA Trials

In mid-November, consumer tech giant Apple filed a petition for writ of certiorari asking the U.S. Supreme Court to review the Federal Circuit’s decision to dismiss Apple’s appeal of unsuccessful inter partes review (IPR) challenges to the validity of several patents owned by Qualcomm. In that ruling, the Federal Circuit found that Apple’s choice to enter a patent licensing agreement with Qualcomm covering the patents-at-issue extinguished Article III standing as to Apple’s appeals from the Patent Trial and Appeal Board (PTAB). The question presented by Apple’s petition is: “Whether a licensee has Article III standing to challenge the validity of a patent covered by a license agreement that covers multiple patents.”

This Week in Washington IP: Votes Rescheduled for Stark and Vidal, Examining the Proposed COVID-19 TRIPS Waiver, and Impacts of Electric Vehicle Investments

This week in Washington IP news, following a cancellation last week, the Senate Judiciary Committee will vote this week on a series of nominations from the Biden Administrations to fill vacancies at both the Federal Circuit and the U.S. Patent and Trademark Office. In the House of Representatives, the Oversight Committee explores possible updates to the Federal Information Security Management Act in light of a spate of cyber attacks on federal agencies, while the Agriculture Committee focuses on the impact of electric vehicle investments in U.S. agriculture and rural communities. Elsewhere, the Federalist Society hosts an event with two former USPTO Directors on the potential impacts of the proposed TRIPS waiver for COVID-19 vaccines, and the Information Technology & Innovation Foundation explores the potential of a national strategic-industry policy in helping the U.S. meet the challenges of its competitive economic rival China.

Big Tech’s Great Patent Troll Smash and Grab

Big Tech’s patent troll narrative is really just the great Big Tech smash and grab. Jean Ann Booth explains in the Waco Tribune what patent trolls are by taking Big Tech’s cartoonish characterization as her own: Patent trolls are rich investors who buy up patents from failed startups just so they can sue companies commercializing the invention in order to extort their money. Extortion – that’s what patent trolls do. And they are wrecking U.S. innovation to boot. They sure sound scary. Patent trolls are indeed frightening. Flush with big bucks, Big Tech lobbyists pushed the patent troll narrative on Congress, the administration, and the courts, demanding that we gut U.S. patent law (the same U.S. patent law that drove over 200 years of American innovation) if we are to save American innovation. Government bureaucrats and politicians complied by smashing the U.S patent system. Now Big Tech can grab whatever technology they want.

Tillis Backs Vidal for USPTO Head, Dubbing Her a ‘Visionary Leader’

Senator Thom Tillis has come out on the record in support of Kathi Vidal to be the next Director of the U.S. Patent and Trademark Office (USPTO), on the eve of a Senate Judiciary Committee vote on her confirmation. Despite recent scrutiny of her ties to big tech and Silicon Valley, Tillis in a statement today said that he was satisfied with Vidal’s responses to his “tough questions” during the confirmation hearing process and feels he has received her commitment that she will continue the reforms implemented by former USPTO Director Andrei Iancu.

Patent Trial and Appeal Board Year in Review: The Top Five PTAB Developments of 2021

Noteworthy 2021 developments at the Patent Trial and Appeal Board (PTAB) were primarily driven by oversight—via the United States Patent and Trademark Office (USPTO) Director, Supreme Court and Federal Circuit—rather than by new rules or policy of the agency. After the highly anticipated Arthrex decision fizzled at the Supreme Court, the most significant 2021 development may be former Director Iancu’s departure and legacy of decidedly pro-patent owner policies. That legacy is increasingly under attack. From the Biden administration’s nomination of a new director, to legislative proposals, to Congressional pushback on Section 314(a) discretionary denials of institution (especially as they relate to the Western District of Texas), to lawsuits challenging the practice as an Administrative Procedures Act violation, change is afoot. The coming year is sure to see recalibration of current PTAB practices.

Congress focuses on chip supply chains to promote competitiveness, national security

The United States’ share of global semiconductor manufacturing capacity has dropped from 37 percent in 1990 down to 12 percent in 2021. Congress now seeks to secure chip supply chains to promote both economic competitiveness as well as U.S. national security.

The Most (Potentially) Consequential ITC Decisions of 2021

This has been a year full of ups and downs, including at the International Trade Commisison (ITC). The ITC has stayed open for business, instituting a near-record number of investigations and holding hearings, albeit virtually. There have been a number of ITC decisions with interesting holdings, all of which have been covered well here and in other blogs. However, there have been a number of ITC-related happenings in 2021 which, though they received less coverage, may, like the proverbial butterfly, have important ramifications for years to come.

Trademarks in 2021: Recounting the Most High-Profile Trademark Developments of the Year

The past year has seen the implementation of brand-new trademark legislation, significant analysis of trademark liability for new technologies, renewed focus on the doctrine of initial interest confusion, the transformation of Nikes into “Satan Shoes,” the functionality of chocolate dipped cookies, and the end to a long-running case involving two multi-million dollar jury awards for willful infringement. As 2021 comes to an end, we look forward to what 2022 has in store.

In Written Responses to Senators’ Questions, Vidal Supports Iancu’s 101 Guidance ‘In Principle’

In written answers to Senators’ questions for the record submitted today by Kathi Vidal, President Joe Biden’s nominee for the next U.S. Patent and Trademark Office (USPTO) Director, Vidal said that she “support[s] the principle of” former USPTO Director Andrei Iancu’s Patent Eligibility Guidance for examiners, but stopped short of wholly endorsing the present guidance or committing to keeping it in place. Instead, Vidal said she would review the guidance in light of intervening case law and comments on the USPTO’s study on the state of patent eligibility jurisprudence to determine if updates are needed.   

This Week in Washington IP: Accelerating COVID-19 Vaccinations Globally, The Impact of Monopolies on American Innovation, and Compensating Creators in Today’s Content Ecosystem

This week in Washington IP news, both houses of Congress are slowing down prior to the Christmas holiday, but Senate committees will hold hearings on the potential adoption of stablecoins into the U.S. financial system, as well as the impact of consolidation and monopolies on American innovation. In the House, the House Select Subcommittee on the Coronavirus Crisis will debate ways to accelerate global vaccination rates. Elsewhere, the Hudson Institute hosts an event exploring new avenues for compensating copyright owners in the new content ecosystem, while the Information Technology & Innovation Foundation will explore evidence of China’s broken promises on economic policy during its two decades as a member of the World Trade Organization.

As Policymakers Say They Want to Rein in Big Tech, Others Seek to Give It Even More Power

Over the past several years, Congress has raised a long overdue microscope to Big Tech and its worst practices and as a result, the relationship between Washington, DC and Silicon Valley has changed tremendously. Rather than being feted by policymakers, Big Tech is now being forced to answer tough questions. Elected officials are now more aware of Big Tech’s reach and impact on our elections, security, and data collection – and they are not liking what they see.  These companies have intruded on nearly every aspect of American lives and have avoided any responsibility or accountability.