Patent Reform in the Senate

• The Senate continues an internal struggle over patent reform. Although a majority of Senators support the proposed reform measures, the majority does not yet have the 60 votes necessary to close debate. 
• Although the Democrats have been more strongly supporting patent reform, the Senate Bill (S.1145) is clearly bi-partisan. Co-Sponsors include the following Republicans: Orrin Hatch; John Cornyn; Larry Craig; Michael Crapo; Gordon Smith; Roberts; Bennett. Co-Sponsors include the following Democrats: Pat Leahy; Ken Salazar; Chuck Schumer; Sheldon Whitehouse.
• The reform measures (already passed in the house) would make numerous changes to the patent laws, including:
• Force a large number of patent infringement suits to be filed in the defendant’s home court;
• Reduce damage awards for infringement and require specific proof of market value of invention as compared to the closest prior art;
• Limit enhanced damages to a specifically enumerated subset of willfully infringing actions;
• Create a new, expanded post-grant opposition procedure (specific rules to be created by the PTO);
• Create expanded right to submit third-party prior art;
• Change to a first-to-file system (creating a whole new set of prior art);
• Provide enhanced regulatory authority to the PTO (So that it can enact the continuation changes). . .
• Patent reform is an area quite friendly to horse trading and votes are much more easily changed than areas with a greater potential voter response. Few Senators will gain or lose votes based on their patent reform vote.