Public Hearings Concerning the Evolving Intellectual Property Marketplace #540872-00017

Submission Number:
Sean Murdock
NanoBusiness Alliance
Initiative Name:
Public Hearings Concerning the Evolving Intellectual Property Marketplace
FEDERAL TRADE COMMISSION Hearing on Evolving IP Marketplace – Evolution of Remedies February 11 and 12, 2009 Comment, Project No. P093900 Comments of Sean Murdock, Executive Chairman, NanoBusiness Alliance February 5, 2009 Thank you for the opportunity to comment in this important proceeding. Proposals to change the law of patent damages have been the most controversial aspect of a patent reform debate that has gone on for several years. For the nanotechnology sector, changing the law of damages is a very serious matter because of the large value many of our companies derive from a small number of patents. Changes which reduce our ability to receive adequate compensation for infringement of those patents will make it difficult to protect our intellectual property, and therefore will discourage investment in our field. In the last Congress, over 80 nanotech companies weighed in with their representatives on Capitol Hill to raise concerns about the apportionment of damages legislation under consideration, and a number traveled to Washington, DC for personal meetings with Members of Congress on this topic. Changing the law of damages is clearly a matter of concern for many in our sector, and we would urge the Commission to carefully review all damages proposals with a view to policy recommendations which are positive for our industry, as well as other sectors of the economy. Respectfully submitted, Sean Murdock Executive Chairman NanoBusiness Alliance