The Main Event: CongressDaily's Andrew Noyes and Congressman Howard Berman

5:45pm: Noyes is introducing Congressman Berman...talks about his gift for creating bipartisan coalitions. Expert on pretty much everything. Here he is!

Andrew starts with Patent Reform. Berman is concerned about "business method" patents...the system is broken, and they're trying to fix it, along with Rich Boucher (D-VA)

Berman has brought up patent trolls and damages. He's obviously a BlackBerry addict. That's how they got the Damage Apportionment part of the bill...to reduce the financial incentive for trolls.

The bill also harmonizes our law with International Patent law. He thinks the bill has "kept faith" with the goals, and it's in the hands of the Senate now. He has faith in Majority Leader Reid (D-NV) to get it through. Hoping no conference. 

Four Senate Issues:

A) Damages

B) Post-Grant Review

C) Venue - no more Eastern Texas?

D) People who oppose B and C still want changes (doctrine of inequitable conduct, etc)

On Damages: the damages awarded must be related to the value of the component infringed, not withstanding willful infringement. They will not back down on this. 

Noyes: Can you handicap the Bill's chances? Is this must-pass for the 110th?

Berman: If it waits, it will wait for someone else because of Tom Lantos (D-CA)'s passing. He won't be the Judiciary Subcommittee Chairman next year. Pelosi wants is done. Reid wants it done. Republicans want it done. The problems will be worked out, because everyone believes there must be reform. "We can sort through these issues."

Now on to the PRO-IP Act. Noyes notes the damages provision was stripped out. Berman maintains that damages were enhanced in other areas, and the bill will move ahead. Bush Administration needs to get more focused on the value of IP in terms of the economy.

Berman wants the USDOJ more engaged on enforcing IP and Anti-Piracy/Anti-Counterfeiting. Supporting coalition includes unions, various companies, law enforcement, etc. He wants the White House to coordinate enforcement.

Noyes asks if the current group is not meeting expectations. Berman isn't dismissive, but believes the priority should be higher because IP is "essential to our own economic future."

Berman believes it will pass this Congress.

Berman also considers Orphan Works an issue, and will could roll the bill into either the Patent or IP bill.

Noyes asked who will Chair the Subcommittee next year. Berman isn't going to endorse anyone just yet. He's excited about Chairing Foreign Affairs, and notes that there are still IP issues under that Committee and provides him with a whole new arsenal. "We can use force!"

When I asked Congressman Berman if he had advice for start-ups looking to avoid regulation or excessive scrutiny, he said that there can be a "sweet spot" for new technology, and as long as people do "what is right" and don't try and blatantly make money off of other people's IP wthout recompense, there would be room for people to innovate.

Pictures on Flickr.