On the recordSeptember 8, 2011
Madam President, I would like to clarify the record on a few points related to section 18 of the America Invents Act. Section 18, of which Senator Kyl and I were the authors, relates to business method patents. As the architect of this provision, I would like to make crystal clear the intent of its language. It is important that the record reflect the urgency of this provision. Just today, while the Senate has been considering the America Invents Act, Data Treasury--the company which owns the notorious check imaging patents and which has already collected over half a billion dollars in settlements--filed suit in the Eastern District of Texas against 22 additional defendants, primarily community banks. These suits are over exactly the type of patents that section 18 is designed to address, and the fact that they continue to be filed highlights the urgency of signing this bill into law and setting up an administrative review program at the PTO. I would like to elucidate the intent behind the definition of business method patents. Other Members have attempted to suggest a narrow reading of the definition, but these interpretations do not reflect the intent of Congress or the drafters of section 18. For example, in connection with the House vote on the America Invent Act, H.R. 1249, Congressman Shuster submitted a statement in the Record regarding the definition of a ``covered business method patent'' in section 18. 157 Cong. Rec. H4497 (daily ed. June 23, 2011).…
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