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Congress, Intellectual Property

Thursday, November 5, 2009

Senate Judiciary Chairman Patrick Leahy said members of his committee have their work cut out for them as winter recess nears. His panel made a big stride Thursday when it passed a pair of data security bills (see CongressDaily's PM Edition for details) and several measures that have cleared the committee and await floor action. Leahy said the Senate needs to take up a bill that would modify and reauthorize expiring provisions of the USA PATRIOT Act and the Satellite Home Viewer Act before they expire Dec. 31.

He noted he has been working with Senate Minority Whip Jon Kyl and other leaders from both parties to help make that happen. Leahy said last month that he wants to work with Majority Leader Harry Reid to schedule, before the end of the year, floor debate on legislation that would overhaul the U.S. patent system. The Obama administration has thrown its support behind the bill. Patent and Trademark Office Director David Kappos recently told a group of IP attorneys that a legislative fix is needed immediately.

A dozen senators, including Sens. Sam Brownback, R-Kan., Tom Coburn, R-Okla., and Senate Finance ranking member Charles Grassley, sent a letter to Reid and Minority Leader Mitch McConnell stating the bill needs more work before it is brought to the floor. Judiciary ranking member Jeff Sessions and Kyl have questioned the bill's approach to challenging a patent after it is granted.

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