In a head-scratching move, Sen. Arlen Specter wants to delay the patent reform bill again.
Last year, Specter squashed the bill, supposedly angered by patent-reform pusher Sen. Patrick Leahy’s attempt to write in language that would cut damages in patent infringement cases.
Last week, Specter sent a letter to Leahy telling him to put the brakes on a similar version of the bill until the Federal Circuit –- the high court of patent law –- hears arguments in Lucent Technologies v. Gateway, a case that is asking the court to weigh in on how damages are calculated in patent cases.
But here’s the thing: Specter’s not asking that they hold off until the court decides the case, only until after oral arguments.
One theory on why that might be, after the jump ...
“This issue was very contentious as we worked on the bill last year, and I believe that oral argument has the potential to facilitate a compromise or clarify the applicability of damages theories in various contexts,” Specter writes (.pdf).
It would make a lot more sense if Specter wanted to wait until the case was decided –- that way a bunch of inept legislators might be spared the difficult task of wrapping their heads around damages in patent cases. And in fact, the courts have decided cases in the past, like eBay v. MercExchange, that took care of some of the issues raised by patent-reform pushers.
So why does he want to wait for oral arguments? One tipster speculates that Federal Circuit Chief Judge Paul Michel wants to get his two cents in before the bill goes forward. The courts, of course, are more in favor of solving their own problems through case law. Also Michel is tight with Specter: He served as Specter’s chief of staff back in the day.
We couldn't get Specter's press office on the line just now. But let us know what you think –- why is Specter really playing the delay game this time?
— Zusha Elinson