S. 1612Senate113th Congress (2013-2015)In Committee

Patent Litigation Integrity Act of 2013

Introduced October 30, 2013

Legislative Activity

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2 earlier actions
SenateCommittee Latest Action

Committee on the Judiciary. Hearings held.

December 17, 2013

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SenateIntro Referral

Introduced in Senate

October 30, 2013

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S7675)

October 30, 2013

SenateCommittee

Committee on the Judiciary. Hearings held.

December 17, 2013

Floor Debate

7 members

What members said about S. 1612 on the floor

6 Republicans1 Democrat
Lisa Murkowski
Sen. Lisa MurkowskiR-AK · Oct 30, 2013

Mr. President, I rise today to speak to an issue in my State of Alaska, in the State of North Dakota--quite honestly, in so many of our home States. We have facts, we have statistics, and we have…

Ron Johnson
Sen. Ron JohnsonR-WI · Oct 30, 2013

Mr. President, I come before you today to introduce a piece of legislation which is timely and very much needed. One of the reasons I decided to run for the Senate was the passage of the health care…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Oct 30, 2013

Mr. President, today, Senator McCaskill, Senator Ayotte, Senator Heitkamp, and I are introducing the Enhanced Security Clearance Act of 2013, which would strengthen our process for allowing federal…

Heidi  Heitkamp
Sen. Heidi HeitkampD-ND · Oct 30, 2013

Mr. President, I will start with a story because I think a lot of us come to the Senate with a lot of experiences, a lot of common experiences, and I think the Senator from Alaska and I have shared…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Oct 30, 2013

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

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John Cornyn
Sen. John CornynR-TX · Oct 30, 2013

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mitch McConnell
Sen. Mitch McConnellR-KY · Oct 30, 2013

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Oct 30, 2013

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Introduced in SenateIssued October 30, 2013

II

113th CONGRESS

1st Session

S. 1612

IN THE SENATE OF THE UNITED STATES

October 30, 2013

Mr. Hatch introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To deter abusive patent litigation by targeting the economic incentives that fuel frivolous lawsuits.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Patent Litigation Integrity Act of 2013.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—Mandatory fee shifting

Sec. 101. Litigation and other expenses.

TITLE II—Discretionary Bonding

Sec. 201. Motion for a bond.

I

Mandatory fee shifting

101.

Litigation and other expenses

(a)

In general

Section 285 of title 35, United States Code, is amended to read as follows:

285.

Fees and other expenses

The court shall award to a prevailing party reasonable fees and other expenses, including attorney fees, incurred by that party in connection with a civil action in which any party asserts a claim for relief arising under any Act of Congress relating to patents, unless the court finds that the position and conduct of the nonprevailing party or parties were substantially justified or that special circumstances make an award unjust.

.

(b)

Technical and conforming amendment

The table of sections for chapter 29 of title 35, United States Code, is amended by striking the item relating to section 285 and inserting the following:

285. Fees and other expenses.

.

II

Discretionary Bonding

201.

Motion for a bond

(a)

In general

Chapter 29 of title 35, United States Code, is amended by inserting after section 285 the following:

285A.

Motion for a bond

(a)

In general

The court, on motion by the defendant or a respondent in a proceeding, may order the party alleging infringement to post a bond sufficient to ensure payment of the accused infringer’s reasonable fees and other expenses, including attorney fees.

(b)

Factors To be considered

For purposes of this section, in determining whether a bond requirement would be unreasonable or unnecessary, the court shall consider—

(1)

whether the bond will burden the ability of the party alleging infringement to pursue activities unrelated to the assertion, acquisition, litigation, or licensing of any patent;

(2)

whether the party alleging infringement is—

(A)

an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))); or

(B)

a non-profit technology transfer organization whose primary purpose is to facilitate the commercialization of technologies developed by one or more institutions of higher education;

(3)

whether a licensee, who has an exclusive right under a patent held by an institution of higher education or a non-profit organization described in paragraph (2), conducts further research on or development of the subject matter to make the subject matter more licensable;

(4)

whether the party alleging infringement is a named inventor of or an original assignee to an asserted patent;

(5)

whether the party alleging infringement makes or sells a product related to the subject matter described in an asserted patent;

(6)

whether the party alleging infringement can demonstrate that it has and will have the ability to pay the accused infringer’s fees and other expenses if ordered to do so; and

(7)

whether any party will agree to pay the accused infringer’s shifted fees and other expenses, provided that the person or entity can demonstrate that it has and will have the ability to pay the accused infringer’s shifted fees and other expenses.

.

(b)

Technical and conforming amendment

The table of sections for chapter 29 of title 35, United States Code, as amended by section 101, is amended by inserting after the item relating to section 285 the following:

285A. Motion for a bond.

.