Senator Sessions’ amendment has failed. 47-51. The Sen. Session’s amendment had proposed an amendment stripping a provision from the Bill that would retroactively lengthen the deadline for applying for a patent term extension. This particular provision of the reform has no other real purpose other than to reinstate The Medicine Company’s (MDCO’s) patent covering its Angiomax drug. The law firm WilmerHale is on the hook for substantial malpractice damages due to the filing debacle. These two firms have spent around $20 million lobbying Congress on this issue.
Sen. Cantwell’s proposed amendments have failed. The amendments would have eliminated the business method patent ‘transitional program.’ Failing that, a separate amendment would have limited the scope of the program only to “patents claiming abstract business methods” and not to patents covering “technological” or “nonfinancial” inventions.
Sen. Colburn’s proposed an amendment has failed. 48-50. The amendment would have ensured that the USPTO will be able to spend the fees it collects and end “fee diversion.”
The Senate will likely complete its vote on the entire reform measure by 5:45 pm ET today.