NVCA Today

Over the last several months, Senator Leahy (D-VT), Chairman of the Senate Judiciary Committee, and his staff have been working diligently with other members of Congress and stakeholders to resolve the outstanding issues on S. 515, the Patent Reform Act of 2009, in order to get the major stakeholders to support Senate passage this year. In February, Senators Leahy and Sessions (R-AL), ranking members of the Senate Judiciary Committee, released a manager’s amendment to S. 515 making several significant changes including positive changes to the post grant review provision.

NVCA, along with many other stakeholders who have shared similar concerns, believe that the manager’s amendment strikes a delicate compromise on the two priority issues (damages and post-grant review) and are supportive of allowing the bill to move forward for a Senate vote. However, the Patent Fairness Coalition, which represents the large tech companies who have been pushing for passage of patent reform for several years, believes that the recent changes made in the manager’s amendment tilt too far in the opposite direction and have been successful in getting a few Senators to place a hold on S. 515. Chances for any Senate action became even slimmer when President Obama nominated Elena Kagan to the Supreme Court. Her confirmation will have to go through the Senate Judiciary Committee, possibly consuming much of the Committee’s time over the next several months.

Many of the House Judiciary Committee members are not supportive of the Senate manager’s amendment to S. 515 and are trying to negotiate major changes particularly to the post grant review agreement. The House has indicated that it will not take any action on a bill until the Senate passes a patent reform bill.