S.Amdt. 551

SA 551. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. ___. PROHIBITION ON RELIEF RELATING TO PATENT
INFRINGEMENT.

(a) Definition.--In this section, the term ``covered
entity''--
(1) means an entity that--
(A) is owned by, controlled by, affiliated with, or acting
at the direction of an entity that is organized under the
laws of, or otherwise subject to the jurisdiction of, a
country, the government of which is on the priority watch
list established by the United States Trade Representative
pursuant to section 182(a) of the Trade Act of 1974 (19
U.S.C. 2242(a)); and
(B) has engaged in an action that is prohibited under--
(i) section 1(a) of Executive Order 13873 (84 Fed. Reg.
22689; relating to securing the information and
communications technology and services supply chain); or
(ii) any regulations issued in response to the Executive
Order described in clause (i); and
(2) includes any subsidiary, affiliate, employee, or
representative of, and any related party with respect to, an
entity described in paragraph (1), without regard to the
location or jurisdiction of incorporation of that subsidiary,
affiliate, employee, representative, or party, as applicable.
(b) Prohibition.--Notwithstanding any other provision of
law or regulation, no covered entity may--
(1) bring or maintain an action for infringement of a
patent under title 35, United States Code;
(2) file a complaint with the United States International
Trade Commission for an investigation under section 337 of
the Tariff Act of 1930 (19 U.S.C. 1337); or
(3) otherwise obtain any relief under the laws of the
United States, including for damages, injunctive relief, or
other redress, with respect to a patent issued by the United
States Patent and Trademark Office.
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