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WEEKLY NEWS - MAY 05, 2009

This article is part of MIP Week, a weekly email newsletter written by the editors of Managing IP magazine. Take a one week trial to Managing IP and find many more related articles.

House hears testimony on US patent reform

Eileen McDermott, New York

US business leaders have urged the House of Representatives to amend its version of the Patent Reform Act to guarantee that the USPTO keeps all its revenue and to follow the Senate’s lead on damages calculation

Last month, the Senate Judiciary Committee approved an amended version of the Patent Reform Act (S515) that included important compromises on provisions that have kept the bill deadlocked.

Most notably, the provision on damages was amended to allow the judge to determine which of the various methodologies presently allowed for calculating damages is most appropriate in a particular case.

HR1260, the House version of the Act, still allows for a controversial approach to calculating damages for patent infringement that would base damages upon "that economic value properly attributable to the patent's specific contribution over the prior art".

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