14 Chi.-Kent J. Intell. Prop. 1 (2014-2015)

handle is hein.journals/jointpro14 and id is 1 raw text is: 










             KEYNOTE ADDRESS: STALEMATE OR STATESMEN
 WHAT IS NEEDED TO MOVE FORWARD CONSTRUCTIVELY WITH THE BALANCING
                        OF AMERICA'S IP SYSTEM

                            BY DAVID J. KAPPOS*

     The one indisputable truth that participants in the current patent
litigation reform debate have demonstrated in the last year is that we
can achieve a stalemate-not a particularly fine achievement for the
long term. In fact, the current bid for patent reform in Washington is all
but dead unless we are able to step back from the political fray and
reconsider both the content and form of the legislative debate. To posi-
tion our nation for a future of continued innovation leadership, we
need to work purposefully and strategically to build solutions that can
move beyond stalemate and bring diverse (while not wholly divergent)
interests together to fix the patent litigation system so that Americans
in all industries can focus their full attention on innovation, with a
manageable level of disputes that can be resolved at a lower, reasona-
ble cost. And the stakes are high-according to a 2012 study by the
USPTO and the Economics and Statistics Administration, in 2010 alone
IP-intensive industries accounted for 34.8 percent of U.S. GDP1 and
27.1 percent of all jobs.2
     Our country accomplished something analogous three years ago
with the America Invents Act (AIA)3-a piece of legislation that many
said would/could never get done. So how do we do it again, this time
for patent litigation?
     The solution is at hand-in the form of refinements to many of the
provisions already under discussion as part of the current legislative
debate.


* Copyright  2014 David J Kappos. Partner, Cravath, Swaine & Moore and Former Under Secre-
tary of Commerce for Intellectual Property and Director of the United States Patent and Trade-
mark Office from 2009 to 2013. These remarks were delivered on September 12, 2014 at the
Chicago-Kent Supreme Court IP Review.
    1. ECONOMICS AND STATISTICS ADMINISTRATION & UNITED STATES PATENT AND TRADEMARK OFFICE,
INTELLECTUAL PROPERTY AND THE US ECONOMY: INDUSTRIES IN Focus 16 (2012) available at
http://www.uspto.gov/news/publications/IP-Report _March_2012.pdf.
    2. Id. at 9.
    3. Leahy-Smith America Invents Act Pub. L. No. 112-29, 125 Stat. 284 (2011) (codified in
scattered sections of 35 U.S.C.).

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