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Jon Dudas

Foley & Lardner, Washington, D.C.

Jon Dudas, partner at Foley & Lardner, Washington, D.C., served as Under Secretary of Commerce and Director of the United States Patent and Trademark Office from July 2004 to January 2009 under former President George W. Bush. Prior to joining the Bush Administration, he served years as Counsel to the Subcommittee on Courts and Intellectual Property, and Staff Director and Deputy General Counsel for the House Committee on the Judiciary, working on key IP legislation, including the 1999 American Inventors Protection Act and the Digital Millennium Copyright Act.

As Dudas notes in his discussion, Senate Bill S. 515, as approved by the Senate Judiciary Committee April 2, 2009, proposes many changes to U.S. patent law, including: harmonizing U.S. patent law with international patent law by moving from a first-to-invent system of priority to a first-inventor-to-file system; allowing for several forms of post-grant review; removing the applicant’s failure to include best mode as a ground for invalidating a patent; and adopting a standard that requires willful infringement for purposes of enhanced damages to be proven by clear and convincing that the infringer acted “objectively reckless.”

The last action on the House’s version of the “Patent Reform Act of 2009,” H.R. 1260, was an April 30 hearing before the House Judiciary Committee.

For more information on Jon Dudas, go to Foley & Lardner’s website at go to the firm’s website at

Read the version of Senate Bill S. 515 reported on April 2, 2009.

Read H.R. 1260 in its introduced form.


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