Today’s Daily Update


House

Yesterday:

  • The House passed H.R. 3309, to amend title 35, United States Code, and the Leahy-Smith America Invents Act to make improvements and technical corrections, by a recorded vote of 325 ayes to 91 noes, Roll No. 629.
    • Agreed to:
      • Polis amendment (No. 3 printed in part A of H. Rept. 113-283) that requires claimants to provide additional disclosure information in any pre-suit notification to establish a willful infringement claim;
      • Jackson Lee amendment (No. 6 printed in part A of H. Rept. 113-283) that requires the Director to conduct a study regarding the economic impact of the changes in current law resulting from Sections 3, 4, and 5 of the bill on the ability of individuals and small businesses owned by women, veterans, and minorities to assert, secure, and vindicate their constitutionally guaranteed exclusive right to their inventions and discoveries;
      • Goodlatte manager’s amendment (No. 1 printed in part A of H. Rept. 113-283) that makes a few technical and clarifying changes. Specifically, under Section 3(d), it clarifies that the exception in paragraph one applies to biosimilars, it also adds an exception for actions seeking relief based on competitive harm, and ensures that the provision is not subject to reverse gamesmanship. Under Section 6(d) it makes clarifying changes that ensure that foreign courts cannot terminate licenses to US IP. Extends time required by the agencies to complete the various studies and reports required in the bill (by a recorded vote of 341 ayes to 73 noes, Roll No. 623); and
      • Rohrabacher amendment (No. 7 printed in part A of H. Rept. 113-283) that strikes 9(a) from the bill and reorders the remaining subsections of Section 9 (by a recorded vote of 260 ayes to 156 noes, Roll No. 627).
    • Rejected:
      • Watt amendment (No. 2 printed in part A of H. Rept. 113-283) that sought to bring the fee shifting provision in the underlying bill more closely aligned with the Equal Access to Justice Act. Would allow a judge to consider dilatory or other abusive tactics D1151by the prevailing party in determining whether to reduce or deny a fee award (by a recorded vote of 199 ayes to 213 noes, Roll No. 624);
      • Massie amendment (No. 4 printed in part A of H. Rept. 113-283) that sought to strike section 5, the ”Customer-suit exception” provision (by a recorded vote of 119 ayes to 296 noes, Roll No. 625);
      • Jackson Lee amendment (No. 5 printed in part A of H. Rept. 113-283) that sought to expand covered customer definition to all small businesses as long as their annual revenue does not exceed $25 million (by a recorded vote of 144 ayes to 266 noes, Roll No. 626); and
      • Conyers amendment in the nature of a substitute (No. 8 printed in part A of H. Rept. 113-283) that sought to promote transparency in patent ownership; protect customers who are targeted in infringement suits; direct the PTO to develop educational resources for small businesses; instruct the PTO and others to prepare reports on several issues including the use of deceptive demand letters (by a recorded vote of 157 ayes to 258 noes, Roll No. 628).

Today:

  • The House sits in recess until Monday December 9, 2013.

 

Senate

Yesterday:

  • The Senate was not in session.

Today:

  • The Senate sits in recess until Monday December 9, 2013.


 

Hearings Covered by W&J Today

 

None

 

 

Notable Legislation Introduced Yesterday:

 

FINANCIAL SERVICES

H.R.3656 : Small Business and Community Investments Expansion Act of 2013
Sponsor: Rep Ellison, Keith [MN-5] (introduced 12/5/2013) Cosponsors (3)
Committees: House Financial Services
Latest Major Action: 12/5/2013 Referred to House committee. Status: Referred to the House Committee on Financial Services.

 

HEALTH

H.R.3659 : To amend title XIX of the Social Security Act to clarify policy with respect to collecting reimbursement from third-party payers for medical assistance paid under the Medicaid program, and for other purposes.
Sponsor: Rep Burgess, Michael C. [TX-26] (introduced 12/5/2013) Cosponsors (None)
Committees: House Energy and Commerce
Latest Major Action: 12/5/2013 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

H.R.3662 : To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare program, and for other purposes.
Sponsor: Rep Gibson, Christopher P. [NY-19] (introduced 12/5/2013) Cosponsors (1)
Committees: House Energy and Commerce; House Ways and Means
Latest Major Action: 12/5/2013 Referred to House committee. Status: Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

H.R.3667 : To amend title XIX of the Social Security Act to increase by 10 percentage points the required State match for certain newly eligible individuals under the Medicaid program and to apply savings against sequestration reductions otherwise required, and for other purposes.
Sponsor: Rep Harris, Andy [MD-1] (introduced 12/5/2013) Cosponsors (8)
Committees: House Energy and Commerce; House Budget
Latest Major Action: 12/5/2013 Referred to House committee. Status: Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

H.R.3668 : To amend the Medicare, Medicaid, and SCHIP Extension Act of 2007 to make permanent the exemption of grandfathered long-term care hospitals from the Medicare 25 percent threshold payment adjustment.
Sponsor: Rep Kildee, Daniel T [MI-5] (introduced 12/5/2013) Cosponsors (None)
Committees: House Ways and Means
Latest Major Action: 12/5/2013 Referred to House committee. Status: Referred to the House Committee on Ways and Means.

 

TAX

H.R.3666 : To alleviate the sequestration and to end offshore tax abuses, to preserve our national defense and protect American families and businesses from devastating cuts, and for other purposes.
Sponsor: Rep DeLauro, Rosa L. [CT-3] (introduced 12/5/2013) Cosponsors (1)
Committees: House Ways and Means; House Financial Services; House Budget
Latest Major Action: 12/5/2013 Referred to House committee. Status: Referred to the Committee on Ways and Means, and in addition to the Committees on Financial Services, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

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