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Patent reform passes House

This article was originally published in The Gray Sheet

Executive Summary

Patent reform act (H.R. 1908) passes House Sept. 7 by a vote of 220-175. Device stakeholders are concerned that the bill limits the factors judges may consider when awarding damages for infringement, giving too much weight to the value of the individual patent instead of the entire product. The Bush administration opposes the bill as long as the so-called "apportionment" language remains. The House passed five amendments, including one offered by John Conyers, D-Mich., which among other revisions seeks to clarify that apportionment is not mandatory and other criteria may be considered. Another amendment requires the Patent Office to study over the next year trends in how damages have been awarded in recent court cases. The Senate has yet to vote on its version of the legislation, S. 1145 (1"The Gray Sheet" July 23, 2007, p. 19)...

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