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.

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.

02/15/2008

Febraury 15, 2008 - A report called into question a major tenet of the proposed Patent Reform Act of 2008. The report, issued by the Innovation Alliance, concludes that there is no pattern of extraordinary jury damages awards for patent litigation. The report is based on a survey of over 90 patent cases for the past three years.

One of the principle arguments relied upon by proponents of the Patent Reform Act is that the current...

01/13/2008
The New York Times

By JOHN MARKOFF
Published: January 13, 2008

AS the Senate prepares to tinker with the nation’s patent laws this spring, it’s worth recalling the law of unintended consequences.

11/11/2007

By Yongshun Cheng and Li Lin
China Intellectual Propery News

The bill passed in the House of Representatives last September is going to make the greatest changes to the U.S. patent system in the last 50 years. Therefore, as soon as the bill was introduced into the House and the Senate, it has drawn great attention not only from the U.S., but also worldwide. Could this bill achieve the expected aim of encouraging innovation, and benefiting both inventors and the whole economy? This...

11/01/2007

November 1, 2007 - The US District Court of Eastern Virginia granted GlaxoSmithKline's preliminary injunction blocking the United States Patent and Trademark Office (PTO) from implementing its controversial rules on continuations and claims which were scheduled to take effect today. The PTO rules would have limited the number of claims and continuations filed by a patent holder. Although the court schedule has not been announced, some expect...