Thursday, August 05, 2010

The slippery Manager's Amendment to S. 515

Harry Reid did not buy into Leahy's "tricky maneuver" to tack on "patent reform" to the Small Business Loan Funding bill (H.R. 5297), in part because so many others were trying the same thing! [see Senate bid to pass patent reform blocked , which separately indicates Leahy might be trying similar maneuvers in the future, and which concludes: Many feel that patent reform legislation may fare better after the November congressional elections, when members of Congress will not feel as much pressure to appease opponents of the bill. ]

Meanwhile, Charles Miller has been pointing out some of the things which the "Manager's Amendment" to S.515 is trying to slip by in Sections 6 and 8. Section 6 removes the district court appeal route from ex parte re-exams. Section 8 changes the venue from DDC to EDVa in other actions. [The Sigram Schindler case, 93 USPQ2d 1752 (ED Va 2009), is discussed relating to 37 CFR 1.303(d)].

**Earlier IPBiz post
Leahy trying a trick on S.515 (patent reform)?
.

**On H.R.5297 - Small Business Jobs and Credit Act of 2010

1 Comments:

Blogger Unknown said...

One of Dr. Miller's articles on this topic is at

http://journals.lww.com/medinnovbusiness/Fulltext/2010/06010/Attenuated_Judicial_Review_of_Patent_and_Trademark.15.aspx

(Look over on the right side of the page for a PDF copy)

9:11 AM  

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