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Patent Reform

Medical technology research is extremely expensive and a particularly difficult market for new, innovative entrants to compete. Attracting the necessary investment into companies developing the next generation of treatment, therapies, and technologies, depends on a strong and reliable patent system to ensure that these critical innovations remain proprietary for a period of time, especially for a new entrant.

 

The Patent Reform Act of 2007 includes provisions that, when combined with the changes taking place as a result of recent Supreme Court decisions, threaten to devastate life sciences investment, and thereby, innovation. MDMA is particularly concerned with the provisions dealing with PTO rule making authority, apportionment of damages, the open-ended nature of the post-grant review window, and the lack of redress for the growing use of the inequitable conduct defense.

What is MDMA doing?

MDMA has been actively lobbying Capitol Hill to make the necessary changes to the Patent Reform Act of 2007 to ensure that innovation flourishes. MDMA highlighted this issue during our 2007 Annual Meeting, held numerous Hill meetings during the congressional fly-in and are active participants in a cross-coalition of organizations representing medtech, biotech, nanotechnology, universities and technology companies. The cross coalition is working together with key members of Congress to reform the current bill to strengthen the patent system, not weaken it.

04/07/2010

U.S. Patent and Trademark Office Administrator David Kappos was in St. Paul, Minnesota this week to discuss patent reform. Kappos’ remarks focused on how the current patent system is in need of a significant overhaul, especially if the U.S. is to maintain its competitive edge in the world economy. The audience consisted of numerous attorneys, business leaders, and inventors, including MDMA Board member Rob Kieval of CVRx, Inc. Kieval stressed the need for certainty in the patent system as...

03/05/2010

The debate over patent reform heated up this week in light of a recently announced agreement in the Senate with regard to the Patent Reform Act.  On March 4th, Chairman Patrick Leahey, Ranking Member Sessions and others on the Judiciary Committee announced a compromise agreement.

The proposal maintains the previous Senate compromise on damages and also improve the post-...

02/26/2010

Senate Judiciary Committee leaders announced that a tentative deal on a bill to overhaul the U.S. patent system has been reached.  Chairman Patrick Leahy indicated that the core of the compromise reached on the bill last year regarding damages has been preserved.  In addition, the draft agreement appears to improve the post-grant review process.  ...

02/04/2010

Four members of the House of Representatives sent a letter to House leaders this week expressing concern over the Patent Reform Act of 2009.  The letter, addressed to Speaker Nancy Pelosi (D-CA), Majority Leader Steny Hoyer (D-MD), and Minority Leader John Boehner (R-OH), expressed many of the concerns held by MDMA and...

09/04/2009

September 4, 2009 - An editorial this week in the New York Times highlights the potential harm on entrepreneurs that would be caused by pending patent reform legislation. In the editorial, Scott Shane, a professor of entrepreneurial studies at Case Western University, explains how provisions related to damages and post-grant review would ultimately stifle innovation and harm entrepreneurs’ ability to obtain financing.

05/01/2009

FOR IMMEDIATE RELEASE
May 1, 2009

Contact:
Mark Leahey
(202) 354-7174
             
MDMA Urges House to Make Significant Changes to Patent Reform Act

WASHINGTON, DC - Mark Leahey, President and CEO of the Medical Device Manufacturers Association (MDMA), issued this statement following yesterday’s House Judiciary Committee hearing on patent reform (HR 1260):

“It is absolutely vital that efforts to reform the US...

04/03/2009

April 3, 2009 - Key members of the Senate Committee on the Judiciary reached an agreement on controversial damages language in the Patent Reform Act of 2009, allowing for a "gatekeeper" role for a judge in the calculation of damages by identifying the appropriate legal standards and relevant factual contentions for the jury in patent infringement cases.

MDMA is pleased that the bill no longer includes mandatory apportionment, but will work to clarify that the gatekeeper role should...

03/27/2009

March 27, 2009 - The Senate Judiciary Committee began work this week on the Patent Reform Act of 2009. The “mark up” was the first of what is expected to be several Committee reviews of the legislation. The panel did move several technical measures of the bill by voice vote. However, the more controversial measures of the legislation, such as the damages and post-grant language, will likely be taken up in a second meeting of the Committee, scheduled to be held on March 31....

03/19/2009

Joe Kiani, Chief Executive Officer and Chairman of Masimo Corporation and Chairman of MDMA, testified before the Federal Trade Commission on the importance of patents and innovation. Kiani discussed the importance of a strong, patent system as it relates to the advancement of innovative medical technologies. In addition, Kiani also discussed some of the potential repercussions of moving forward with proposed patent legislation. The hearing was part of a series conducted by...

03/04/2009

March 4, 2009 - New legislation aimed at reforming the patent system was introduced in both chambers of Congress this week. The bills introduced in each house are comparatively similar, with several minor differences. The bill includes provisions that would dramatically alter the manner in which damages are awarded in infringement cases; a position MDMA and many other innovative industries do not support.