DAVID BROG, Staff Director
MICHAEL O'NEILL, Chief Counsel

BRUCE A. COHEN, Democratic Chief Counsel and Staff Director

JON KYL, Arizona

MIKE DEWINE, Ohio

SUBCOMMITTEE ON INTELLECTUAL PROPERTY

ORRIN G. HATCH, Utah, Chairman

LINDSEY O. GRAHAM, South Carolina
JOHN CORNYN, Texas

SAM BROWNBACK, Kansas
TOM COBURN, Oklahoma

PATRICK J. LEAHY, Vermont
EDWARD M. KENNEDY, Massachusetts
JOSEPH R. BIDEN, JR., Delaware
DIANNE FEINSTEIN, California

HERBERT KOHL, Wisconsin

RICHARD J. DURBIN, Illinois

BRUCE ARTIM, Majority Chief Counsel
BRUCE A. COHEN, Democratic Chief Counsel

(II)

CONTENTS

STATEMENTS OF COMMITTEE MEMBERS

Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah

Page

1

prepared statement

106

Kennedy, Hon. Edward M., a U.S. Senator from the State of Massachusetts

Leahy, Hon. Patrick J., a Ú.S. Senator from the State of Vermont

6

4

prepared statement

154

WITNESSES

Band, Jonathan, Attorney at Law, on behalf of Visa U.S.A. and the Financial

Services Roundtable, Washington, D.C.

9

Fish, Chuck, Vice President and Chief Patent Counsel, Time Warner, Inc.,

New York, New York

15

Gulbrandsen, Carl E., Managing Director, Wisconsin Alumni Research Foun-
dation, Madison, Wisconsin

7

Hawley, J. Jeffrey, President, Intellectual Property Owners Association, and

Vice President and Director, Patent Legal Staff, Eastman Kodak Company,

Rochester, New York

Kushan, Jeffrey P., Sidley Austin Brown and Wood, LLP, Washington, D.C.
Lemley, Mark A., Professor of Law, Stanford Law School, Stanford, Cali-
fornia

QUESTIONS AND ANSWERS

Responses of Jonathan Band to questions submitted by Senator Leahy

Responses of Chuck Fish to questions submitted by Senator Leahy

Responses of Carl E. Gulbrandsen to questions submitted by Senator Leahy

Responses of J. Jeffrey Hawley to questions submitted by Senator Leahy

Responses of Jeffrey P. Kushan to questions submitted by Senator Leahy

Responses of Mark A. Lemley to questions submitted by Senator Leahy

SUBMISSIONS FOR THE RECORD

...

Band, Jonathan, Attorney at Law, on behalf of Visa U.S.A. and the Financial
Services Roundtable, Washington, D.C., prepared statement
Fish, Chuck, Vice President and Chief Patent Counsel, Time Warner, Inc.,
New York, New York, prepared statement

Gulbrandsen, Carl E., Managing Director, Wisconsin Alumni Research Foun-

dation, Madison, Wisconsin, prepared statement

Hawley, J. Jeffrey, President, Intellectual Property Owners Association, and

Vice President and Director, Patent Legal Staff, Eastman Kodak Company,

Rochester, New York, prepared statement

111

Kushan, Jeffrey P., Sidley Austin Brown and Wood, LLP, Washington, D.C.,

prepared statement

132

Lemley, Mark A., Professor of Law, Stanford Law School, Stanford, Cali-

fornia, prepared statement

157