E 1680 CONGRESSIONAL RECORD — Extensions of Remarks August 5, 1995 The towns of Durham, Newmarket, and Lee ufacturing process used to make a commercial use would be misused and weaken legitimate have all expressed vigorous support for the in- product or software used to control such a patents issued to persons who are undisputed clusion of the river in the program. Although process. For such cases, there is no statutory first inventors. The university community was the portion of the Lamprey in the town of Ep- or case law that makes clear what should hap- particularly concerned that such a law might ping was included in the study and deemed el- pen if the holder of such a patent sues the impair their opportunity to license their inven- igible for inclusion in the program, the town earlier practioner for infringement. Is the pat- tions. This bill introduced today has been has opted not to vote on designation at this ent enforceable against the earlier practi- carefully crafted to prevent such an outcome. time but may seek designation for its portion tioner? Some attorneys predict the patentee As a result of its limitations, this bill will not af- of the river at some point in the future. will prevail because the invention was not pub- fect the vast majority of patents. The only pat- The management of the Lamprey will be licly disclosed. Other predict the patent will be ents that will be affected are those patents based on the locally-developed river manage- found unenforceable against the earlier practi- written on internal software, processes, or ment plan. The plan emphasizes the impor- tioner. tools which were already being used by others tance of both individual responsibility to At present the court's only option is a find- for public benefit. For those questionable pat- ``Tread Lightly'' and of local zoning laws and ing of either infringement or invalidation. One ents, this bill promotes sound public policy by public education. Federal acquisition of land party must lose everything. Yet in these cir- recognizing the public contribution made by by condemnation is prohibited. In essence this cumstances, each party has created some both parties. plan will insure that local concerns and inter- public benefit; the first by bringing the fruits of By providing a specific defense for this lim- ests are the basis for the management of the the invention to the public, the second by dis- ited class of inventions, this bill will make long river. The State of New Hampshire will con- closing the invention to the public. Fairness and expensive infringement or invalidation liti- tinue to be involved in the management of the suggests that neither party deserves to lose gation unnecessary. Moreover, some very river, as it has since the river was included in everything. Thus present law confronts us with strict limitations must be met before the de- the State's River Protection Program in 1988. a quandary. It provides only for a ``winner take fense can be used. First, the earlier use of the Additionally, the National Park Service will all'' outcome and it does not make clear who invention must have been commercial and the continue to offer its assistance to the Lamprey the winner should be. public must have benefited from that commer- River Advisory Committee as it is needed. Earlier attempts to resolve this issue have cial use. Simply making an invention and even In closing, there has been a great deal of met with opposition from those who believe reducing it to practice are insufficient grounds discussion here in Washington on the issue of that inventors have an obligation to disclose or for the defense. Second, the commercial use what the Federal Government's role should be patent every innovation. For inventors who fail and public benefit must have occurred more when it comes to the protection of our natural to do so, these opponents presumably believe than one year prior to the priority date of the resources. The local, State, Federal partner- that their inventions should be taken away patent. Third, the defense will not be available ship that has developed in relation to the Lam- from them by others who come along later where the commercial use has been termi- prey River is a perfect example of the direc- and file patents on the same material. nated and abandoned. Forth, the patentee or tion we must head in; namely, an emphasis on Mr. Speaker, anyone who has worked in in- the patentee's work must not have been the local input and control, with State and Federal dustry or built a manufacturing business source of the user's technology. Fifth, the agencies working to assist and provide infor- knows that there are any number of reasons commercial use must have occurred on Amer- mation and expertise where appropriate. why one might not secure a patent one very ican soil. Sixth, the defense is not a license I am very proud to submit this legislation at invention. Once issued, an American patent under the patent nor is it a defense against the request of my constituents in Lee, tells the whole world how to copy the inven- the entire patent. It is a defense only for the Newmarket, and Durham, NH, as well as for tion. Manufacturers fear that inventions relat- subject matter that can be proved to have the scores of people who use the Lamprey ing to internal processes are almost impos- been used commercially before the filing date. River for the recreational and educational op- sible to police and protect in many other coun- Seventh, the burden of proof falls entirely on portunities it offers. I am also very pleased to tries. Then too, small investors may be unable the prior commercial user. Eighth, the defense see the circle completed, having initiated both to afford the costs of obtaining even a U.S. is personal, it cannot be transferred to an- the legislation to study the river and today's patent on every invention, much less world other. Finally, sanctions are provided to dis- legislation to include the studied portion of the wide protection. It is also true that in many courage a frivolous defense. Lamprey in Lee, Newmarket, and Durham in cases, the inventor does not realize that what This bill will create for American manufactur- the Wild & Scenic program. I am grateful that seemed like just an innovation was indeed a ers the same protection that their overseas the citizens of New Hampshire have given me patentable invention. In any case, a serious competitors already have. It is a domestic bill this opportunity. problem arises when a later inventor, and that that removes some of the incentives now en- f later inventor need not be an American, joyed by offshore manufacturing. In addition, comes along and independently inverts the considerations of fairness, public policy, and THE PRIOR DOMESTIC same process, tool, or software that the earlier the need to make America more competitive in COMMERCIAL USE ACT OF 1995 innovator has been using. This later inventor the international economy all strongly support can apply for a U.S. patent. If the earlier inno- this legislation. HON. CARLOS J. MOORHEAD vator did not publish the innovation, the Patent Mr. Speaker, I am hopeful that all concerns OF CALIFORNIA Office may not know of it and the later inven- about this legislation have been resolved and IN THE HOUSE OF REPRESENTATIVES tor might actually receive a patent on the inno- that this bill can become enacted this year. vation. This situation gives rise to the question Friday, August 4, 1995 f of whether or not that patent is or ought to be Mr. MOORHEAD. Mr. Speaker, I introduce valid and whether or not it may be enforced TIME FOR TOUGH ACTION ON TER- the Prior Domestic Commercial Use Act of against the earlier innovator. RORISM—THE UNITED STATES 1995. It is the product of many months of hard We also should not assume that all of these MUST NEVER YIELD TO TERROR- work and represents a compromise that I be- later inventors have been operating in good IST THREATS lieve will be acceptable to all interested par- faith. In these days of growing industrial espio- ties. nage, it is possible that the later inventor sim- HON. TOM LANTOS This bill is about patents. It is about inven- ply patented the product or process by means OF CALIFORNIA tions that have already been in commercial of reverse engineering or by looking through a IN THE HOUSE OF REPRESENTATIVES use and benefiting the public before another factory window. I have seen U.S. patents is- inventor comes later and applies for a patent. sued to foreign companies who appear to Friday, August 4, 1995 Normally inventions already in use are what have reverse engineered American products Mr. LANTOS. Mr. Speaker, earlier this week is called prior art and in most circumstances and patented the method of manufacture. The our Government barred the entry into the Unit- issuing from subsequent applications on such law in those companies' home countries pre- ed States of Musa Mohammed Abu Marzuq, a prior art will be found invalid. A problem vents them from enforcing such patents in senior official of the Islamic Palestinian ex- arises, however, where the invention is not their own land. The bill I am introducing today tremist terrorist organization, Hamas. Abu publicly known and where the process of com- will ensure that American industry has the Marzuq is chief of Hamas' political bureau mercialization did not reveal the invention itself same protection. where he is responsible for coordinating inter- to the public. These situations can occur, for Opponents of earlier legislation have feared national aspects of Hamas' terrorist activities, example, when the invention is part of a man- that any law recognizing unpublished earlier and in particular, fund raising efforts and the August 5, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1681 training of Hamas' operativesÐactivities that Mr. Speaker, there is absolutely no reason And more importantly, the city's schools are are critical to Hamas' vicious terrorist cam- for further delay. We have dealt with all kinds now filled with young Latino students who paign against Israel, against those who sup- of issues in the House of Representatives in dream of leading their city some day. port Israel, and against Palestinians who do recent days, but none have the urgency and Mr. Sanchez' vitae attests to his commit- not follow Hamas' violent line. Hamas has vi- immediate importance of taking action to im- ment to the Latino community. The following ciously opposed the efforts of the PLO to work prove the ability of our law enforcement offi- list contains just some of Mr. Sanchez' with Israel in bringing peace and ending vio- cials to deal with international terrorism. I urge achievements: lence. that the Comprehensive Antiterrorism Act be As a student during the late 1970's and Mr. Speaker, I welcome the action of our brought to the floor and that we move quickly early 1980's, Mr. Sanchez insisted that com- Department of State in barring the entry into to improve our ability to deal decisively with mencement ceremonies celebrate Latino cul- our country of Abu Marzuq. I raised this issue the scourge of terrorism, both within our bor- ture, first at the predominantly Latino Alisal earlier this week in a hearing of the Inter- ders and beyond. High School in Salinas, where he convinced national Relations Committee and repeated f authorities to hold the first ever bilingual com- my concern to the Assistant Secretary of State mencement and then at the University of Cali- for Near Eastern Affairs that our Government TRIBUTE TO BILL MORGAN fornia at Davis Law School, where Mr. must move decisively against all those individ- Sanchez became the first valedictorian to ad- uals who are involved in terrorist activities of HON. MARCY KAPTUR dress celebrants in Spanish as well as Eng- any kind. We have no obligation to admit such OF OHIO lish. individuals who support, encourage, and en- IN THE HOUSE OF REPRESENTATIVES Upon finishing his studies, Mr. Sanchez re- turned to Salinas in 1981 and became the first gage in terrorism. Furthermore, I urge the ad- Friday, August 4, 1995 ministration and the courts to comply with the Latino elected to the Alisal Union School Dis- request by the Government of Israel for the Ms. KAPTUR. Mr. Speaker, I come to the trict Board of Trustees, where for 12 years Mr. extradition to Israel of Abu Marzuq. The Israeli floor in sadness today to pay tribute to a good Sanchez helped transform the school district Government has evidence of the involvement friend and a man of exceptional political in- into California's leading bilingual, bicultural of this Hamas leader in terrorist activities, and sight, Bill Morgan of Baton Rouge, LA. Bill educational institution. it would be most appropriate that he be re- died this week at the age of 53. In 1988, Mr. Sanchez led a successful fight turned to Israel to stand trial in an Israeli court Bill Morgan served the Congress as majority to convince the voters of the city of Salinas to of justice to determine his guilt or innocence of counsel to the Joint Economic Committee from adopt single-member voting districts to elect these heinous crimes. 1977 to 1980. Subsequently, the worked as a city council members, thus paving the way for media consultant on numerous campaigns Mr. Speaker, it is an absolute and unmiti- the city's first ever elected Latino city council- throughout the south and midwest, including gated outrage that the vicious, unprincipled man. some of mine. leaders of Hamas have threatened President In 1992, Mr. Sanchez filed a lawsuit and ob- I knew Bill as a knowledgeable, intelligent, Clinton and the United States if the extradition tained an order pendent lite requiring judicial and wise counselor. A person whose advice of Abu Marzuq is carried out. In a letter pub- elections by districts, an order which yielded could be relied upon. He began his working lished in an Arab-language newspaper in Is- the first Latino, the first Latina and the first Af- life as a reporter. He went on to earn a mas- rael earlier this week, Hamas published an rican-American municipal court judges ever in ters degree in political science and a law de- open letter to President Clinton with intolerable Monterey County, CA. gree from LSU. And he transformed his varied and offensive threats: ``If your government de- In closing, let me make one thing clear: Mr. experience into his own political media con- cides to hand Abu Marzuq to the Israeli au- Sanchez' efforts, although focused on empow- sulting firm in 1983. A Vietnam veteran, he al- thorities, we would consider this a hostile act ering Latinos, have benefited the entire Sali- ways distinguished himself by his love of against all Arabs and Muslims. You will bear nas community. The pool of talent which country, his deep dedication, and his infec- the consequences of such an act.'' The letter serves Salinas has now been enlarged to in- tious sense of humor. threatened that the extradition would unleash clude people who previously could not contrib- Bill Morgan will be missed. We thank his ``a wave of anger and retaliation throughout ute. Those newly enfranchised people now family for sharing him with us and wish them the Arab and Islamic world.'' A leader of an- lend their talent and their commitment to the Godspeed. other militant group, Islamic Jihad, said the effort to make Salinas a better community. United States would ``pay dearly'' for detaining f f or extraditing Abu Marzuq. TRIBUTE TO JESSE SANCHEZ TRIBUTE IN HONOR OF RABBI The United States must never, under any ARYEH SCHEINBERG OF CON- circumstances, yield to such blatant, mind- HON. SAM FARR GREGATION RODFEI SHOLOM IN boggling terrorist threats. Our foreign policy SAN ANTONIO, TX must be based on principled decisions and re- OF CALIFORNIA spect for the rule of law. Our actions at home IN THE HOUSE OF REPRESENTATIVES and abroad must never be influenced by timid- Friday, August 4, 1995 HON. FRANK TEJEDA ity or trepidation in the face of blatant threats OF TEXAS Mr. FARR. Mr. Speaker, the Latino commu- IN THE HOUSE OF REPRESENTATIVES by terrorist thugs. To yield to such treats will nity has lost a great leader. only encourage every other international ter- Jesse Sanchez, who devoted every ounce Friday, August 4, 1995 rorist group to issue an carry out such threats. of his spirit to empowering the Latino commu- Mr. TEJEDA. Mr. Speaker, I take this oppor- Our policy must always be to stand up against nity in the city of Salinas, in my congressional tunity to honor an outstanding spiritual leader intimidation. district, died on August 2, 1995, of cancer. Mr. in San Antonio, TX, a man who has dedicated Mr. Speaker, the detention of Abu Marzuq Sanchez always spoke first when Latinos in the past 25 years to teaching, learning and in- only serves to highlight the continuing danger Salinas confronted public racismÐand often, spiration. Rabbi Aryeh Scheinberg, who this of international terrorists. The Oklahoma City he spoke alone. He had the courage and un- month will be honored by the community for a bombing a few months ago highlighted the compromising conviction to express what quarter century of service as rabbi of Con- danger we face from domestic terrorists and many others felt, but, could not say. gregation Rodfei Sholom, has the rabbinate in anti-Government militias, but we must not let Mr. Sanchez fiercely believed that Latinos his blood: He stands in a line of seven gen- that tragedy and the necessity of dealing with belong in every room and at every table where erations of rabbis who could take pride in his terrorism at home obscure the need to deal public discourse occurs, and, he fought ag- accomplishments. I join in saluting Rabbi with international terrorism. gressively to dismantle artificial barriers to Scheinberg for his many positive contributions I urge my colleagues to move quickly to Latino political participation. His valiant battles to our community. bring to the floor of the House the Com- inspired many Latinos to assert their God- Rabbi Scheinberg can be described as a prehensive Antiterrorism Act, which has been given talents and to express their political man of intense knowledge, of passion for developed with the cooperation and full sup- leadership skills. As a result, the city of Sali- learning, of deep spirituality. He is that and port of the Department of Justice. If that legis- nas, the county seat in what is one of the more. Rabbi Scheinberg takes seriously the lation had been enacted, dealing with the de- most powerful agricultural valleys in our coun- biblical admonition to ``Love thy neighbor as tention of Abu Marzuq and extraditing him to try, now boasts a Latino-majority city council thyself'' in his daily life. He loves people. He Israel would probably be an easier task. working mightily to represent all of Salinas. recognizes the divine spark in each person