Obama originally nominated New Mexico governor Bill Richardson for the post, but Richardson withdrew in January amid controversy over government contracts his administration had awarded to one of his top financial supporters.
The president's second candidate, New Hampshire Republican Senator Judd Gregg, withdrew in mid-February, citing irreconcilable difference on policy issues. Gregg said: "I have found that on issues such as the stimulus package and the Census there are irresolvable conflicts for me. Prior to accepting this post, we had discussed these and other potential differences, but unfortunately we did not adequately focus on these concerns.... Obviously the President requires a team that is fully supportive of all his initiatives."
The withdrawals have held up the appointment of a new USPTO director, since the commerce secretary often confers with the President on office nominations under his/her jurisdiction.
The latest contender for the commerce secretary, Gary Locke, served as Washington State's governor from 1997 to 2005. At Davis Wright Tremaine, he handled matters for the firm's China practice, energy, governmental relations and corporate diversity counselling groups. Locke was also the first Chinese-American governor in the US when he was elected in 1997.
In a statement yesterday morning, when his nomination was announced, Locke said: "The Department of Commerce plays a critical role in nurturing innovation, expanding global markets, protecting and managing our ocean fisheries, and fostering economic growth. The Department of Commerce can and will help create the jobs and the economic vitality our nation needs."
According to the US Chamber of Commerce's Global Intellectual Property Center executive vice president, Mark Esper, Locke's record on IP issues is promising. Esper said that Locke's performance as Washington governor demonstrated a commitment to IP issues, by "cracking down on intellectual property theft in his home state, while advocating for enhanced global engagement as a means of improving IP enforcement, particularly with respect to China".
Among other actions, Esper said that Locke signed an executive order in 2000 to curb computer software piracy in Washington state government. At the time, Locke said: "Illegal software use has a very damaging impact on Washington's economy. ... We cannot tolerate counterfeiters who try to make a quick buck by pawning illegal software to honest consumers at the expense of Washington's taxpayers."
Esper added: "Locke's perspective is a welcome sign about the quality of advice President Obama will be receiving about protecting inventors' rights through a strong intellectual property system."
