By Donald Zuhn --
On Tuesday, Senator Arlen Spector (R-PA) (at right), the ranking member of the Senate Judiciary Committee, sent a letter to Committee Chairman Patrick Leahy (D-VT), requesting that the Senate patent reform bill (S. 515) "not be placed on the Executive Business Agenda until late May, after the Court of Appeals for the Federal Circuit has the opportunity to hear argument in Lucent Technologies, Inc. v. Gateway, Inc." According to Senator Specter's letter, the Lucent court "may consider issues related to the damages debate," which the Senator described as "very contentious." Senator Specter believes that "oral argument [in Lucent] has the potential to facilitate a compromise or clarify the applicability of damages theories in various contexts." The letter also noted that the Obama Administration had yet to nominate an Under Secretary of Commerce and U.S. Patent and Trademark Office Director, and that the Senate could benefit from hearing the views of the eventual nominee.
At Tuesday's press conference to announce the introduction of the Senate and House (H.R. 1260) bills, Senator Orrin Hatch (R-UT) acknowledged that Congressional leaders "agree that more work needs to be done on the damages and inequitable-conduct provisions." Senator Leahy also stated that he was "prepared to continue the conversation and debate [regarding the damages provision] from the last Congress in order to find the best language we can."
The full text of Senator Specter's letter has been posted on the Senator's website.
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