Monday, November 19, 2007

R.I.P Patent Reform 2007

It appears that passing the Patent Reform Act will not happen in 2007. Despite various comments claiming that "lawmakers are committed to passing the legislation before the end of the 110th Congress", the Patent Reform Act will probably go to the Senate floor after Congress returns from the holidays in early 2008, claims Matthew Sandgren, counsel to Sen. Orrin Hatch (R-Utah).

The biggest sticking point? The "2nd window" of post-grant review, and apportionment of damages. Presumably, much hay will be made over the possible vesting of rulemaking authority in the PTO. At this point, it is likely that the GSK case will survive through summary judgment before Congress decides one way or the other.

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