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April 7, 2008
Not Happening
S.
1145, the Patent Reform Act, languishes in a Senate cubbyhole, awaiting an airing on the floor. While
its boosters croon its debut imminent, it may not even make it to the
floor this session, as time runs short, and more important issues press (e.g.,
the housing and banking crises). Regardless, the bill is quite unlikely to get
through Congress this year, and most certainly won't be signed into law without
major revision.
Damages apportionment, practically insisted upon by the IT corporate backbench, who started the ruckus in the first place, is opposed by the PTO, CAFC and White House, and so is a certain bill-killer.
AQS is another poison pill. The PTO has the administration pushing hard for AQS, but it faces fierce opposition from the patent bar, a fight yet faced.
While very significant, the legislation is not imperative. There are diametric, uncompromising positions not easily resolved. Bottom line is that there are too many hurdles for election-year passage.
Posted by Patent Hawk at April 7, 2008 5:18 PM | The Patent System