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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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