From: A۰P۰L۰U Congressional and Governmental Affairs Staff
For those with Presidents or Chancellors expected to attend the December 11th White House summit on the college pipeline, we have learned due to the President and First Lady’s planned travel to South Africa in light of the passing of Nelson Mandela, the college pipeline event has been postponed until a yet undetermined date in January.
The House approved the Innovation Act (H.R. 3309) yesterday by a vote of 325-91. The higher education associations have been told by House staff that we made an impact. We greatly appreciate all you have done to weigh in with your representatives on H.R. 3309. We must now turn our focus to the Senate and its version of the legislation – S.1720, The Patent Transparency and Improvements Act.
We understand that the Senate Judiciary Committee may consider S. 1720 before the holiday recess, and it is crucial that we reach out to their offices right away. The higher education associations that have been working on patent reform are developing a position statement on S. 1720 and will send it to the community soon. In the meantime, we urge the CGA to contact their Senators to express our concerns with H.R. 3309 as passed. It is important that all 100 Senators be informed of our concerns with House bill.
Below, you will find a brief summary of the amendments to H.R. 3309 that were voted on yesterday and the vote totals:
Watt amendment (#2); Failed by recorded vote: 199 - 213 (Roll no. 624).
§ Bring the fee shifting provision in the underlying bill more closely aligned with the Equal Access to Justice Act. Allows a judge to consider dilatory or other abusive tactics by the prevailing party in determining whether to reduce or deny a fee award.
Massie amendment (#4); Failed by recorded vote: 119 - 296 (Roll no. 625).
§ To strike section 5, the "Customer-suit exception" provision.
Rohrabacher amendment (#7); Agreed to by recorded vote: 260 - 156 (Roll no. 627).
§ To strike 9(a) from the bill and reorder the remaining subsections of Section 9.
Conyers amendment (#8); Failed by recorded vote: 157 - 258 (Roll no. 628).
Goodlatte amendment (#1); Agreed to by recorded vote: 341 - 73 (Roll no. 623).
· Makes a few technical and clarifying changes. Specifically, under Section 3(d), it clarifies that the exception in paragraph one applies to biosimilars, it also adds an exception for actions seeking relief based on competitive harm, and ensures that the provision is not subject to reverse gamesmanship. Under Section 6(d) it makes clarifying changes that ensure that foreign courts cannot terminate licenses to US IP. Extends time required by the agencies to complete the various studies and reports required in the bill.
Polis amendment (#3); Agreed to by voice vote
Jackson Lee amendment (#5); Failed by recorded vote: 144 - 266 (Roll no. 626).
Jackson Lee amendment (#6); Agreed to by voice vote
Again, thank you for all of your efforts on H.R. 3309.
The House Science, Space, and Technology Committee yesterday approved the TRANSFER Act (HR 2981) with bipartisan support. Thank you to CGA for reaching out to Members and voicing our support for this legislation. Attached is the Manager’s Amendment that was approved yesterday.
The TRANSFER Act accelerates the transition of technology developed at universities, federal laboratories and non-profit research institutions to the private sector. The bill builds upon the Small Business Technology Transfer (STTR) program by creating grant opportunities for proof-of-concept research and other innovative technology transfer activities at universities, research institutes and federal laboratories to accelerate the commercialization of federally-funded research and technologies.
We will continue to update CGA as the bill moves through Congress, and will ask for support on targeted advocacy in the coming weeks. Meanwhile, please contact Jim Woodell (firstname.lastname@example.org) with any questions.
Join colleagues in a Google Hangout discussion about the current and future outlook for federal funding of science organized by the American Geophysical Union (AGU) on December 11 stream live at 12:00 pm EST.
Association of Public and Land-grant Universities (APLU)
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