The heart of the problem really is to clarify the standard of intent that is required.
Mike Lee
The Public Record
Mike Shumway Lee is an American attorney and politician currently serving as the junior United States senator from Utah, a position he has held since January 3, 2011. A member of the Republican Party, Lee has focused on issues such as limited government, individual liberties, and constitutional rights throughout his tenure. He has been an advocate for fiscal responsibility and has often emphasized the importance of adhering to the Constitution in legislative matters.
The Constitution says that no person shall be deprived of life, liberty, or property without due process of law.
But the bottom line is our judges work very, very hard to work on each and every single case.
I'm in favor of anything we can do to decrease the opportunities and advantages of forum shopping.
venue is a very important issue, and many courts are working hard to actively manage their cases and control discovery in their district courts.
H.R. 9 has a provision which requires, you are not entitled to enhanced damages unless you identify the patent.
Perhaps that in combination with staying discovery pending a court's ruling on a motion to transfer would incentivize an early and prompt ruling.
I believe the intent of the CBM proceedings was to address some patents that had issued out of the United States Patent and Trademark Office in the area of business methods related to financial services.
We need to protect that because otherwise we can chill investment in some very important new enterprises which is so critical to our Nation's continued economic success.
I think addressing the issue of abusive litigation is critically important to big businesses and small businesses.
We believe it raises the cost for those who are engaging in abusive tactics, and it provides the right financial incentives for both plaintiffs and defendants.
If they're engaged in abusive behavior... it's important that if they're engaged in abusive behavior and they direct and control abusive litigation, that they too should be responsible.
I think that's a very interesting idea because if nothing else, it's clear and it's simple;
We are generally supportive of the goal. And many of the issues here, in one form or another, we believe are necessary to ensure meaningful and balanced reforms necessary to continue to incentivize innovation in the United States.
If we can make these improvements and we can achieve them and we can achieve the necessary changes in legislation and beyond, to the extent that everyone has greater confidence in the patent system, that will benefit universities, that…
So if there is a heightened pleading requirement in the complaint, clearly there is an incentive to get every claim in that you think is allegedly infringed.
I think we have got one of the best intellectual property systems in the world.
I think there's a lot of sense to that proposal, and I think certainly many district courts across the country are very capable of doing that.
the USPTO is working hard to make sure that the proceedings, the AIA post-grant review proceedings are as efficient and fair as possible.
So I think, Chairman Issa, you hit exactly the point which is that in the IPR proceedings, you have two sides to a proceeding.
I think the system would benefit by consistency across all Federal districts.





