Senators Sanders and Brown write to Kappos at USPTO, ask if ACTA is consistent with US law

Senators Bernie Sanders and Sherrod Brown

On October 19, 2010, Senators Bernard Sanders (I-VT) and Sherrod Brown (D-OH) have written to David Kappos, the Director of the USPTO, asking for an assessment of conflicts between the October 2010 ACTA text, and U.S. law. The letter, attached here, focuses on the following ACTA articles

Article 2.X: Injunctions
Article 2.2: Damages
Article 2.3: Other Remedies
Article 2.X: Border Measures

The letter also identifies several areas for attention, including:

State sovereign immunity
As established by the U.S. Supreme Court in Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, and subsequent case law

35 USC 271(e)(6)(B-C) - Non-disclosed biological product patents
35 USC 287 (c), regarding infringement by medical practitioners.

15 USC 114 (2)

17 USC 512

senator_sanders_brown_kappos_19oct2010.pdf460.3 KB