CEA hailed the Obama administration’s decision to “bypass” Philip...
CEA hailed the Obama administration’s decision to “bypass” Philip Johnson, who has been chief intellectual property counsel for Johnson & Johnson, as nominee for next head of the Patent and Trademark Office. Johnson is “an opponent of patent reform” who…
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would have thwarted “stopping frivolous patent litigation,” which “has long been a key priority for the administration,” said Michael Petricone, CEA senior vice president-government affairs, in a news release Wednesday (http://bit.ly/1xYzYNK). “We urge the president to find a highly qualified candidate who will advance the president’s reform agenda and curb the patent troll racket that is targeting our most innovative businesses, harming our economy and killing U.S. jobs.” Last week, CEA and other groups lambasted Johnson as a possible PTO nominee on grounds that he took a leading role in stalling patent reform in the Senate (CD July 3 p12) . Some opponents cited his testimony in December before the Senate Judiciary Committee (http://bit.ly/1nbk8qO) in which he said that “while troll abuse is a problem that should be addressed, it is critical that Congress not do so at the expense of the vast majority of innovation stakeholders for whom the patent system is working.” Other major patent revamp groups, like the Innovation Alliance and Coalition for 21st Century Patent Reform (21C), declined to comment Thursday because the nomination and withdrawal were never made official. Johnson has often represented 21C in the patent debate over the past several months. The White House and PTO did not comment. In the end, Johnson’s critics praised the White House for bowing to their pressure and realizing he might not be the best choice to head the PTO. Said one: “To its credit, the White House realized it was in the process of making a mistake. Why on earth would you want a PTO head who aggressively opposes administration policies?” Characterizing the Coalition for 21st Century Patent Reform as being “'opposed to patent reform'” is “as inaccurate as it is disingenuous,” said the coalition in a statement Thursday. The coalition opposes “legislative proposals that go beyond what is necessary or desirable to combat abusive patent litigation or assertion, and risk unintended consequences that would seriously undermine legitimate patent enforcement or the innovation incentives of the patent system,” it said. “Drafting legislation based on the premise that every patent holder who wishes to enforce its rights is a patent troll, or based on the rhetoric that the patent system is somehow ‘broken,’ weakens all patents, favors business models that do not rely on innovation, and tilts the balance in favor of patent infringers.” The coalition supports “patent reform that is sufficiently fair, balanced and effective for diverse industries and stakeholders,” it said.