easy come easy go —

White House nixes Patent Office pick after tech-sector outcry

Johnson & Johnson's top IP lawyer was reportedly set to be the head of USPTO.

The White House has reportedly put its chosen nomination for head of the US Patent and Trademark Office on ice.

Two weeks ago, Philip Johnson, the top intellectual property lawyer at Johnson & Johnson, was set to be named the next director of the patent office. Johnson has opposed changes to patent laws for years, and he was the head of the Coalition for 21st Century for Patent Reform, or 21C, an umbrella group opposing broad patent reform.

Johnson's bid looked like a 180-degree turn for the Obama Administration, which had pushed for a comprehensive patent reform bill to be passed. A bill called the Innovation Act was passed by a wide margin in the House of Representatives, but it died in the Senate in April. Large pharmaceutical companies were a key part of the opposition to the patent bill.

Once reports emerged that Johnson was to be nominated, the tech sector and other businesses seeking change to patent laws pushed back.

"That the administration might consider appointing an active opponent of reform efforts is stunning," said Ed Black, president and chief executive of the Computer and Communications Industry Association.

"American business owners remain vulnerable to patent troll lawsuits, and now one of the most prominent opponents of reform has been appointed to be the umpire, calling balls and strikes for USPTO," said Michael Meehan, the manager for the Main Street Patent Coalition, a group of retailers, restaurants, and other non-tech businesses seeking patent reform. Johnson can't be expected "to make fair calls," Meehan added.

Several days later, that criticism filtered through to pro-reform legislators. Sens. Charles Schumer (D-NY) and John Cornyn (R-TX), who had key roles in negotiating the ultimately unsuccessful patent reform bill, both voiced disappointment Wednesday with Johnson as the potential pick.

“I have big concerns," said Schumer, adding that the White House "seemed very open" to listening to those concerns, according to a report in The Hill. The Johnson selection "strikes me as odd," added Cornyn.

The White House has denied that Johnson was ever "pulled down" as a nominee, saying nothing was ever official and that reports about his impending nomination were "speculation."

The last director of the US Patent and Trademark Office, David Kappos, was the head of patent policy at IBM. Following Kappos' departure last year, the acting director has been Michelle Lee, a former Google lawyer.

Channel Ars Technica