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Monday, September 19, 2005

ACM News Service:
"'Patent Reform Debate Gets Heated on Hill'
Associated Press (09/15/05); Werner, Erica

The original Patent Reform Act of 2005 introduced by Rep. Lamar Smith (R-Texas) featured a provision that would restrict patent holders' ability to obtain court orders to halt the sale of products that potentially infringe on their patents. This was one of many reforms desired by the high-tech industry, which wants to deter "patent trolls" who generate profits without producing anything by acquiring patents and then suing others for infringement. However, the Biotechnology Industry Organization (BIO) and the Pharmaceutical Research and Manufacturers of America (PhRMA) balked at such changes, claiming they would enervate the drug industry's ability to innovate, given its dependence on patent enforcement as a protective measure for intellectual property and as a source of money while new products are developed. The court order provision and other amendments were removed from Smith's bill in response to BIO and PhRMA's objections, which prompted criticism from Rep. Howard Berman (D-Calif.) at a Sept. 15 hearing of the House Judiciary Committee's subcommittee on intellectual property. Another point of conflict for the high-tech and drug industries is whether infringement damages should be awarded according to the value of the whole product or the individual component of the product being patented. Remaining provisions that are still sought by high-tech firms would allow patents to be more easily challenged after being issued, and permit companies to more easily defend patent-infringement lawsuits in a favorable domain."

Full article: http://news.yahoo.com/news?tmpl=story&u=/ap/20050915/ap_on_go_co/congress_patents

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