In a divided government like we have seen in Washington since 2011, it is obviously difficult to get things done. Both parties represent constituencies with deeply different ideologies. As representatives of our states and districts, we in Congress reflect that divide and defend the beliefs our constituents hold dear while doing our best to effectively govern.
Admittedly, divided government offers us too few opportunities to work together to find consensus on problems. That is why it is so disappointing that the Senate was not able to complete work this year on patent litigation reform to crack down on patent trolls that stifle innovation in every industry throughout our economy.
In December 2013 the House of Representatives passed the Innovation Act with the support of 195 Republicans, 130 Democrats, and strong support from the president.
As vice chairman of the Intellectual Property Subcommittee, I worked with Republicans and Democrats, including some of the most conservative and liberal members of the House, to advance the bill through the Judiciary Committee and to educate others in Congress about the challenges patent trolls present to everyone from Silicon Valley innovators to the small businesses I represent in Pennsylvania’s Susquehanna Valley. In May, Senate Majority Leader Harry Reid pulled the rug out from under us. Despite our efforts to move a measure that in all likelihood would have passed, Reid signaled that he would not allow it to be debated on the floor .
Trial lawyers, pharmaceutical manufactures and universities have been rightfully blamed as the entrenched interests that killed the bill while the tech community has been dubbed “D.C.’s biggest loser.” And patent trolls are permitted to continue to suppress the innovation economy, and line their pockets with the proceeds from junk lawsuits.
This failure was a great disappointment to many of us. I’m a Star Wars fan, though, and I cannot forget the words of Obi-Wan when he said, “You can’t win, Vader. If you strike me down, I shall become more powerful than you can possibly imagine.”
In this case our rebel alliance does not lack for power in public policy debates. The reforms we propose are common sense and central to the basic needs of a competitive economy.
The innovation community is spreading beyond its traditional bases. This growth and buy-in from a diverse set of business interests is an indicator that now is the time to champion serious patent litigation reforms.
From the nation’s largest retailers to local coffee shops, the beneficiaries of technologies that have emanated from places like Silicon Valley are feeling the negative effects of litigation brought by patent trolls. While Washington is most certainly divided, it should not reject one of the most vital reforms that will enhance, protect and sustain a pioneering 21st century economy.
In the 113th Congress, there has not been a bigger disappointment to me than the failure to enact the Innovation Act. I am convinced that 2015, and the beginning of the next Congress, will offer new opportunities to advance these proposals and many other goals critical to the ongoing success of America’s innovation economy.
U.S. Rep. Tom Marino, representings Pennsylvania’s 10th District, will discuss cyber-security and patent protection at the San Jose Silicon Valley Chamber of Commerce meeting Thursday. He wrote this for this newspaper.
