The Senate looks unlikely to vote on the bill by Thanksgiving recess, only two weeks away. Even if it did, the legislative train wreck known as the 110th Congress couldn't cobble a compromise bill like this in conference during December anyway, owing to its inherent complexities, and the nebulous, very limited political advantage, that passage might bring. With opposition so strong in the courts against damages apportionment, the President would veto any bill that came to his desk with it.

A telling omen is that the Senate Judiciary Committee disbanded its subcommittee on intellectual property; bigger fish to fry for the upcoming election year.