Senate Patent Bill Negotiations Continue
The most controversial components of a bill that would overhaul the U.S. patent system, which is teed up for Senate Judiciary Committee consideration Thursday morning, will likely be pushed back until next week. Judiciary Chairman Patrick Leahy's mark up is expected to be a short one (for now) with the panel potentially considering a manager's amendment that will be largely technical in nature, CongressDaily's AM Edition reported. Eight of his committee's 19 members are also likely to be embroiled in the Senate Budget Committee's simultaneous markup of the fiscal year 2010 budget resolution and will have to choose between proceedings.
The biggest hurdle for Leahy continues to be a provision that would change how courts award damages in patent infringement lawsuits -- but sources say a compromise is in the works. A modified version of a "gatekeeper" proposal pitched by Judiciary ranking member Arlen Specter and Sen. Dianne Feinstein, D-Calif., last Congress may be the winning approach, Leahy's cosponsor, Sen. Orrin Hatch, R-Utah, told CongressDaily. That concept would provide courts with clearer requirements on handling evidence of infringement and determining compensation. Talks are underway for a deal on what a Republican aide called "gatekeeper plus." The staffer said the compromise should appease high-tech firms that have insisted on bold changes to the damages regime.
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