House Judiciary Subcommittee Continued its Review of Intellectual Property Law with Hearings on Copyright Infringement Remedies, The America Invents Act, and IP Policy Goals


The House Judiciary Committee’s Subcommittee on Courts, Intellectual Property and the Internet recently held hearings targeted at further exploring intellectual property laws and policy.  On July 24, the Subcommittee held another hearing in its series that is examining federal copyright laws, this time focusing on remedies for copyright infringement provided under Chapter 5 of Title 17.  This was a follow-up to a previous hearing that focused on the notice and take down provisions of Section 512.  Issues addressed in the July 24 hearing include the creation of a small claims copyright system to alleviate high cost barriers to the current system, technology company concerns regarding secondary liability, and appropriate statutory damages.  Witnesses included David Bitkower, Acting Deputy Assistant Attorney General of the U.S. Department of Justice Criminal Division.

On July 31, the Subcommittee held a hearing “The U.S. Patent and Trademark Office: The America Invents Act and Beyond, Domestic and International Policy Goals.”  The Subcommittee heard testimony from The Honorable Michelle K. Lee, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office (“USPTO”).  Chairman Goodlatte noted that the America Invents Act (“AIA”) “was the most significant reform to U.S. patent law in [his] lifetime,” warranting close oversight of the rules and procedures put in place by the USPTO.  Chairman Goodlatte stressed the importance of post grant proceedings available under the AIA, which were meant to provide an alternative forum for resolving patent disputes.  Director Lee provided an overview of the USPTO‘s financial position and strategy, as well as details regarding the agency’s patent and trademark operations, post grant procedures, IP policy and enforcement efforts, and efforts to modernize the USPTO’s operations.  Director Lee testified that the number of AIA created administrative patent trial cases have far exceeded expectations and the Patent Trial and Appeal Board (“PTAB”) is on track to hear 200% more cases than initially anticipated. Since September 2012, there have been almost 2000 petitions filed.  Director Lee stated that expectations had been set at between 400-500 cases per year, but the PTAB will receive 1600-1900 new cases per year at the current rate.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Moore & Van Allen PLLC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »


By striving for excellence, Moore & Van Allen has become one of the largest law firms in the... View Profile »

Follow Moore & Van Allen PLLC:

Reporters on Deadline

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.