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Washington Legal Foundation hosted a Web Seminar program yesterday, Physician Payments in the “Sunshine”: Implications of CMS Regulations for Businesses and the Future of American Health Care. Speakers James Stansel and Meenakshi Datta of Sidley Austin LLP delved into the complicated and often vague data collection and reporting mandates required under the Physician Payment Sunshine […]

Action:  Request for information. Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013

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Guest Commentary by Emi Ito Ortiz, Adduci, Mastriani & Schaumberg, L.L.P. On May 13, 2013, in Motiva, LLC v. U.S. Int’l Trade Comm’n, No. 12-1252 (Fed. Cir. May 13, 2013), the Federal Circuit affirmed the International Trade Commission’s determination that a complainant failed to satisfy the domestic industry requirement of Section 337 based on litigation […]

Press Release

WASHINGTON, D.C. -- Chairman John D. (Jay) Rockefeller IV today gave opening remarks at the U.S. Senate Committee on Commerce, Science, and Transportation hearing titled "The Road Ahead: Advanced Vehicle Technology and Its Implications." Below are his prepared remarks:

WASHINGTON, D.C.—The U.S. Senate Committee on Commerce, Science, and Transportation will hold a hearing on Wednesday, May 15, 2013 at 2:30 p.m. titled “The Road Ahead: Advanced Vehicle Technology and its Implications.” The hearing will explore the safety benefits, potential risks, and policy implications from the development and implementation of advanced vehicle technologies. These include advanced driver assistance systems such as adaptive cruise control and lane-keeping systems, partially and fully self-driving vehicles, vehicle-to-vehicle communication, as well as communications and entertainment devices for drivers.

GSA releases three new reports as part of its Green Proving Ground program, which tests sustainable building technologies.

WASHINGTON, D.C. – The House Small Business Committee, led by Chairman Sam Graves (R-MO), today held a hearing examining the changes in the patent system, and how to best protect the innovations of small businesses as new challenges arise.

The Committee heard testimony on the changing landscape of patent law and the effects on small firms, which develop 16 times more patents per employee than large companies. The hearing included discussion of Patent Assertion Entities, or “patent trolls,” and analysis of the early small business impact of the American Invents Act, which was signed into law in September 2011.

“The American Invents Act significantly reforms and strengthens the U.S. patent system. These reforms help reduce barriers to entry for small businesses and foster innovation, but small innovators still face too many claims from patents trolls,” said Chairman Graves. “Today’s hearing offered insight into ways we can further aid small business through a strong and fair patent system. Small firms lead the way in developing new patents, and the law must be an ally of invention to promote economic growth and America’s competitiveness.”

Materials for the hearing are posted on the House Small Business Committee’s website HERE.

Notable Quotes:

Dennis D, Crouch, Associate Professor of Law, University of Missouri School of Law, Columbia, MO, said, “…thousands of small and mid-sized companies are sued for patent infringement each year -- both by competitors and by patent licensing companies. Today, many cases settle in an unsatisfying way with the accused infringer paying a settlement fee simply in order to avoid the high cost of fully defending the lawsuit.”

Jeff Grainger, Managing Partner, The Foundry, LLC, Menlo Park, CA, testifying on behalf of the Medical Device Manufacturers Association, said, “…We depend upon a strong patent system that provides a fast and efficient examination process, discourages frivolous patent challenges, and imposes serious sanctions on infringers.”

John R. Thomas, Professor of Law, Georgetown University, Washington, DC, said, “Patent trolling remains a significant concern for U.S. enterprises of all sizes. In my opinion, trolling results from systemic problems within the U.S. patent system and is not amenable to a quick fix.”

Mark Grady, Founder and President, Indigital, Fort Wayne, IN, said, “Certainly, patent fee reform is helpful to our small business, as is the ‘first to file’ and ‘provisional patent’ concepts that makes the decision to file a patent clearer and easier… We remain optimistic that the Act, with some refinements, will yield faster results for higher quality patents without harming small businesses.”

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Action:  Advanced Notice of Proposed Rule-making, May 13, 2013, 78 FR 27882, VA-2013-VACO-0004
Docket NameAO63 - Advanced Notice

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WASHINGTON, D.C.—The U.S. Senate Subcommittee on Communications, Technology, and the Internet will hold a hearing on Tuesday, May 14, 2013 at 10:30 a.m. titled "State of Video."

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On Thursday, May 16 at 10:00 a.m., the House Committee on Education and the Workforce, chaired by Rep. John Kline (R-MN), will mark up the Smarter Solutions for Students Act (H.R. 1911) and the Improving Postsecondary Education Data for Students Act (H.R. 1949). The markup will take place in room 2175 of the Rayburn House Office Building. 

The Smarter Solutions for Students Act, introduced by Chairman John Kline (R-MN) and Subcommittee on Higher Education and Workforce Training Chairwoman Virginia Foxx (R-NC), will move all federal student loans (except Perkins loans) to a market-based interest rate. This responsible proposal ensures all borrowers can take advantage of lower interest rates when available and protects borrowers against higher interest rates with a reasonable cap. By taking politicians out of the interest rate equation, H.R. 1911 will strengthen federal student loan programs and serve the best interests of both borrowers and taxpayers. To learn more about the Smarter Solutions for Students Act, click here.

The Improving Postsecondary Education Data for Students Act, introduced by Rep. Luke Messer (R-IN), will help Congress better understand the kind of information students have, want, and need when researching their postsecondary education options. This information will be critical to informing the committee’s efforts to improve students’ access to relevant and helpful information about higher education institutions in the upcoming reauthorization of the Higher Education Act – without overburdening institutions with more red tape and redundant requirements. To learn more about the Improving Postsecondary Education Data for Students Act, click here.

To learn more about this markup, visit www.edworkforce.house.gov/markups.

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Guest Commentary by Thomas M. Haas, Thompson Hine LLP In a short, unanimous decision, the U.S. Supreme Court held Monday that the doctrine of patent exhaustion “does not permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission.” (Bowman v. Monsanto) Thus, for the time being, the Supreme Court […]

House Education and the Workforce Committee Republicans, led by Rep. Luke Messer (R-IN), today introduced the Improving Postsecondary Education Data for Students Act (H.R. 1949), legislation that would direct the Department of Education to explore opportunities to enhance higher education transparency.

“To choose the right college, students and their families need clear information up front – but too often, the available data is confusing, conflicting, or difficult to access,” said Chairman John Kline (R-MN).  “In the coming months, the committee will begin working to reauthorize the nation’s higher education law, and improving transparency will be a top priority. Rep. Messer’s legislation will take an important first step in this effort by helping us figure out what kind of information students have, want, and need when researching their postsecondary options, and I applaud his leadership.”

“Few decisions in life are bigger than whether to attend college and which college to attend,” said Rep. Messer. “Yet many families find it a challenge to wade through the complicated maze of statistics available for this important decision.  Through this bill, we hope to simplify the process and help students get access to the information they really need to make good decisions while lessening the burden on colleges and universities that have far too many reporting requirements today.”

The Improving Postsecondary Education Data for Students Act:

• Directs the Secretary of Education to convene an Advisory Committee on Improving Postsecondary Education Data to explore opportunities to enhance higher education transparency.
   
• Requires the advisory committee to review existing federal, state, institutional, and private-sector transparency initiatives to determine the information that is most helpful to both traditional and non-traditional students, including student veterans. The advisory committee must also make recommendations to eliminate data that is no longer useful to students and their families.
   
• Directs the advisory committee to explore whether information about college graduates’ earnings would serve as an effective measure of program quality for prospective students.
   
• Instructs the advisory committee to solicit feedback from students and families as part of its study. The committee must issue its recommendations within a year of enactment to assist congressional efforts to reauthorize the Higher Education Act.

To learn more about H.R. 1949, visit www.edworkforce.house.gov/BetterData.

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Featured Regular Expert Column Beth Z. Shaw, Brake Hughes Bellermann LLP In January, I wrote a WLF Legal Opinion Letter entitled CLS Bank Int’l v. Alice Corp.: Clearer Software Patent Guidance?, which asked if clear software patent guidance would emerge from the U.S. Court of Appeals for the Federal Circuit’s en banc review of CLS […]

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NAWBO has long been outspoken about the importance of achieving the 5 percent Federal procurement goal for women-owned small businesses. After all, failure to achieve this goal has been costing women business owners—one of the largest and fastest growing economic engines today—an average of $5 billion a year in lost contracts.

Over the years, we testified with WIPP before the House Committee on Small Business on issues related to access to capital for women- and minority-owned businesses. We participated in the Small Business Access to Capital Coalition, organized by the U.S. Chamber of Commerce, which advocated successfully for the passage of a bill addressing deficiencies in the methods used to calculate the federal cost of guaranteeing small business loans. We also opposed the elimination of federal subsidies for the SBA’s small business loan programs, which adversely affected participation of our members.

In fact, just a few days ago, I had the privilege of being featured in a co-op-ed piece with Beth Solomon, President and CEO of the National Association of Development Companies that appeared on CNBC.com. In it, we spoke to the important role of women business owners and how access to capital continues to be our biggest impediment. We also announced our organizations’ launch of a Women’s Small Business Lending Initiative that will bring capital access options and training to more women through the nation’s network of 270 Certified Development Companies, SBA Loans and SBA Women’s Business Centers. (In case you missed it, here’s the full article link: http://www.cnbc.com/id/100727457).

Understandably then, we are thrilled about last week’s announcement that an interim final rule—effective immediately—has amended regulations to the SBA’s Women-Owned Small Business Federal Contract Program, allowing for greater access to federal contracting opportunities for women-owned businesses as a result of the National Defense Authorization Act of 2013 signed in January.

This interim final rule removes the anticipated award price of contract thresholds for women-owned small businesses (WOSBs) and economically disadvantaged women-owned small businesses (EDWOSBs) to allow greater access to federal contracting opportunities without limitations to the size of the contract. Contracting officers will also now be able to set aside specific contracts for certified WOSBs and EDWOSBs at any dollar level that will help federal agencies achieve the existing statutory goal of 5 percent of federal contracting dollars being awarded to WOSBs.

Additionally, the SBA is currently working on changes to the Federal Acquisition Regulations. Prior to the rule change, the anticipated award price of the contract for WOSBs and EDWOSBs could not exceed $6.5 million for manufacturing contracts and $4 million for all other contracts. For more information on the Women-Owned Federal Small Business Contract Program, visit www.sba.gov/wosb.

The passage of HR 5050, the Women’s Business Ownership Act of 1988, helped to pave the way for a rule like this. The legislation was key to boosting women entrepreneurs’ access to capital and led to a 30 percent surge in women’s business ownership nationwide. NAWBO played a critical role in its passage just 13 years after our organization was founded during a time when women were required to have male co-signers on everything from car to home to business loans. Since then, we have worked tirelessly to further equality and opportunity for women entrepreneurs, whether the issue is access to capital, increased federal procurement opportunities, affordable health care or fair and equitable tax treatment.

At this year’s NAWBO Women’s Business Conference, October 3-5 in Miami, Florida, we will be celebrating an anniversary of HR 5050 and the many achievements we have enjoyed being part of since then. The finalization of this rule will definitely be a part of that. I hope you will join us!

—Diane Tomb, NAWBO National President & CEO