Patent Reform Act Of 2007
Mr. Chairman, I rise today to express my opposition to H.R. 1908--the Patent Reform Act of 2007. I do so reluctantly, and hope to work with my colleagues when this bill moves to conference to produce a final product that will adequately…
Mr. Chairman, I rise today to express my opposition to H.R. 1908--the Patent Reform Act of 2007. I do so reluctantly, and hope to work with my colleagues when this bill moves to conference to produce a final product that will adequately address the concerns of all sectors of our innovation economy.
As the Representative of the 8th Congressional District of Massachusetts, I feel immensely privileged to represent many of the nation's leading innovators. The 8th District is home to some of the best institutions of higher learning in the nation, teaching hospitals, high tech businesses, financial services firms, and biotechnology companies big and small. I recognize how absolutely vital the strength and efficiency of our patent system is to each of them and I take the reform of that system very seriously.
H.R. 1908 is the most comprehensive update to the patent system in generations. The bill makes changes to our patent system that are important to improving the business environment for many sectors of our economy. However, the bill also alters our current system in a way that could potentially prove damaging to other sectors. I oppose this legislation reluctantly because the committee, in particular Chairman Berman, has worked diligently to improve this legislation at every stage.
I was very pleaser, for example, to see the in the manager's amendment wording to strike the ``prior use'' sections of the bill. This change was important to ensuring that those who infringe on patents continue to have to meet a reasonable threshold if they assert a ``prior use'' defense. I was also pleased that the bill as reported from committee eliminated the ``second window'' of review after patents are granted. While this section may need additional changes, significant progress has been made to improve it.
I remain concerned, however, about the ramifications of the damages section of H.R. 1908. While I understand that the Chairman and the Committee have made several improvements to this section as well, as it is currently constituted in the bill the damages section will unnecessarily elevate apportionment as a method of determining damages when a patent has been infringed. This provision could produce devastating consequences for some innovators. I believe we must be cautious when implementing such a serious change, and that ensuring flexibility is of paramount importance.
I look forward to working with my colleagues on the Judiciary Committee in order to produce the most balanced Patent Reform bill possible.