By Diane Bartz
WASHINGTON (Reuters) - High tech companies and drug companies agree that U.S. patent reform will pass soon, but there is considerably less agreement on what it should look like.
Sen. Charles Schumer, a New York Democrat, said that industries in his district were torn on the reform -- IBM (IBM.N: Quote, Profile, Research, Stock Buzz) was for it and Corning Inc (GLW.N: Quote, Profile, Research, Stock Buzz) against it.
"I support patent reform. Overall it's the right thing to do," he told a Reuters Regulation Summit. "I think there's a general feeling for a need for patent reform."
But Sen. Charles Grassley, an Iowa Republican, said he was skeptical.
"It's going to be difficult to get a compromise," he told Reuters. "If it doesn't pass by March, I don't think you're going to have a patent bill this year, and you won't have a bill without compromise between Silicon Valley" and other industries.
Big high-tech companies began pushing for the bill several years ago and it passed the U.S. House of Representatives on September 7, 2007. Their goal is to cut the number of patent infringement lawsuits by reducing the damages paid.
The measure has stalled in the Senate because of opposition from drug firms like Eli Lilly & Co (LLY.N: Quote, Profile, Research, Stock Buzz), seed and herbicide company Monsanto Co (MON.N: Quote, Profile, Research, Stock Buzz) and smaller tech companies that fear lower damages would leave them vulnerable to infringers.
Tom DiLenge, general counsel for the Biotechnology Industry Organization, has called calculating damages for infringement "the toughest nut to crack."
Mark Chandler, general counsel of Cisco Systems Inc (CSCO.O: Quote, Profile, Research, Stock Buzz), said that two decades ago, Cisco faced maybe five patent lawsuits in a three-year period. "In the last three years, we've had 25 suits, or a quintupling," he said.
"We're very open to working on the (damages) language" of the bill, he told the Reuters Regulation Summit.
Both the Bush administration and the drug industry oppose the damages portion of the House version of the bill.
MANY TANGO DANCERS
Philip Johnson, chief patent counsel for Johnson & Johnson (JNJ.N: Quote, Profile, Research, Stock Buzz), predicted the two sides would get a consensus on the bill, despite the widely differing interests involved.
"It takes two to tango, except in this particular situation it takes five or 10 or 20 to tango," said Johnson, who also works with the Coalition for 21st Century Patent Reform.
John Dudas, director of the U.S. Patent and Trademark Office, has been in on the Capitol Hill meetings. Continued...
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