House and Senate Judiciary Committees Approve Patent Reform Bills

July 19, 2007. On July 18, 2007, the House Judiciary Committee (HJC) amended and approved HR 1908 [LOC | WW] , the "Patent Reform Act of 2007". Also, on July 19, 2007, the Senate Judiciary Committee (SJC) amended and approved S 1145 [LOC | WW], also titled the "Patent Reform Act of 2007".

House Bill. Rep. Howard Berman (D-CA) and others introduced HR 1908 on April 18, 2007. The bill as introduced, was identical to S 1145, as introduced. See, stories titled "Patent Reform Act of 2007 Introduced", "Reaction to the Patent Reform Act of 2007", and "Summary of Patent Reform Act of 2007" in TLJ Daily E-Mail Alert No. 1,567, April 19, 2007.

The HJC's Subcommittee on Courts, the Internet, and Intellectual Property (SCIIP) approved the bill without amendment on May 16, 2007. See, story titled "House Subcommittee Approves Patent Bill" in TLJ Daily E-Mail Alert No. 1,582, May 16, 2007.

On July 18, the HJC took up HR 1908 as introduced. The HJC considered an amendment in the nature of a substitute (ANS) [65 pages in PDF] offered by Rep. Berman and others. It also considered numerous second decree amendments to the ANS. It approved some, while others were rejected or withdrawn.

The HJC approved an amendment [2 pages in PDF] offered by Rep. Adam Schiff (D-CA) regarding inequitable conduct.

The HJC approved an amendment [3 pages in PDF] offered by Rep. Zoe Lofgren (D-CA) regarding venue.

The HJC rejected an amendment offered by Rep. Chabot that would have eliminated the best mode requirement.

The HJC approved an amendment [2 pages in PDF] offered by Rep. Mike Pence (R-IN) removing best mode as a litigation defense.

The HJC approved an amendment [1 page in PDF], and a second amendment [1 page in PDF], offered by Rep. Sheila Lee (D-TX), that would require studies.

The HJC rejected an amendment offered by Rep. Chabot that would have eliminated the defense of inequitable conduct.

The HJC approved an amendment offered by Rep. Johnson regarding damages.

The HJC approved an amendment [4 pages in PDF] offered by Rep. Rick Boucher (D-VA) that prohibits the patenting of tax planning methods.

Rep. Tammy Baldwin (D-WI) offered, but withdrew, an amendment [2 pages in PDF] that would require a study regarding prior user rights.

Rep. Schiff offered, but withdrew, an amendment regarding due diligence.

The HJC then approved the ANS as amended by various second degree amendments. It then approved the bill as amended by the ANS. All HJC votes were voice votes.

Senate Bill. Sen. Patrick Leahy (D-VT) and others introduced S 1145 on April 18, 2007. While the SJC has held several executive business meetings at which it started to mark up S 1145, it did not proceed to a full mark up until July 19. It actually held several meetings throughout the day, due to its usual problems with obtaining and maintaining a quorum of members.

The SJC first approved an amendment in the nature of a substitute (ANS) [62 pages in PDF], and a manager's amendment [7 pages in PDF]

The SJC did not approve an amendment [8 pages in PDF] offered by Sen. Hatch and Sen. Specter regarding inequitable conduct.

Instead, the SJC approved an amendment [3 pages in PDF] offered by Sen. Leahy regarding inequitable conduct.

The SJC approved an amendment [3 pages in PDF] offered by Sen. Kennedy regarding late filings with the USPTO.

The SJC rejected an amendment [2 pages in PDF] offered by Sen. Specter regarding best mode.

The SJC approved an amendment [3 pages in PDF] offered by Sen. Sessions regarding patents on check imaging methods.

Sen. Coburn offered, but withdrew, an amendment [7 pages in PDF] that would address the problem of diversion of USPTO fees.

The SJC rejected a pair of amendments offered by Sen. Kyl regarding damages.

The SJC rejected an amendment [PDF] offered by Sen. Coburn regarding a study of post grant reviews.

The SJC then approved the bill as amended by a roll call vote of 13-5.