,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #bfci  ,,in ,,the ,,house ,,of  
,,representatives  ,july #aj1 #bjac ,mr4
 ,jeffries 7for himself and ,mr4        
,farenthold7 introduced the following   
bill2 which was referred to the         
,committee on the ,judiciary  ,a ,,bill 
,to amend title #ce1 ,united ,states    
,code1 to add procedural requirements   
for patent infringement suits1 and for  
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,patent        
,litigation and ,innovation ,act of     
#bjac4  #b4 ,pleading requirements  7a7 
,in general ,chapter #bi of title #ce1  
,united ,states ,code1 is amended by    
inserting after section #bha the        
following3  #bha;,a4 ,pleading          
requirements for patent infringement    
actions ,in a civil action arising under
 any ,act of ,congress relating to      
patents1 a party alleging infringement  
shall include in the initial complaint1 
counterclaim1 or cross-claim for patent 
infringement--  7#a7 an identification  

of each patent allegedly infringed2     
7#b7 an identification of each claim of 
each patent identified under paragraph  
7#a7 that is allegedly infringed2  7#c7 
for each claim identified under         
paragraph 7#b71 an identification of    
each accused apparatus1 product1        
feature1 device1 method1 system1        
process1 function1 act1 service1 or     
other instrumentality 7referred to in   
this section as an accused              
instrumentality7 alleged to infringe the
 claim2  7#d7 for each accused          
instrumentality identified under        
paragraph 7#c71 an identification with  
particularity1 if known1 of--  7,a7 the 
name or model number of the accused     
instrumentality2 and  7,b7 the name of  
each accused method1 system1 process1   
function1 act1 or service1 or the name  
or model number of each apparatus1      
product1 feature1 or device that1 when  
used1 allegedly results in the practice 
of the claimed invention2  7#e7 for each
 accused instrumentality identified     

under paragraph 7#c71 an explanation    
of--  7,a7 where each element of each   
asserted claim identified under         
paragraph 7#b7 is found within the      
accused instrumentality2  7,b7 whether  
each such element is infringed literally
 or under the doctrine of equivalents2  
and  7,c7 with detailed specificity1 how
 the terms in each asserted claim       
identified under paragraph 7#b7         
correspond to the functionality of the  
accused instrumentality2  7#f7 for each 
claim that is alleged to have been      
infringed indirectly1 a description of--
  7,a7 the direct infringement2  7,b7   
any person alleged to be a direct       
infringer known to the party alleging   
infringement2 and  7,c7 the acts of the 
alleged indirect infringer that         
contribute to or are inducing the direct
 infringement2  7#g7 a description of   
the right of the party alleging         
infringement to assert each--  7,a7     
patent identified under paragraph 7#a72 
and  7,b7 patent claim identified in    

paragraph 7#b72  7#h7 a description of  
the principal business of the party     
alleging infringement2  7#i7 the        
identity of any person1 other than the  
party alleging infringement1 who is     
known to the party alleging             
infringement1 and who--  7,a7 owns or   
co-owns a patent identified under       
paragraph 7#a72  7,b7 is the assignee of
 a patent identified under paragraph    
7#a72 or  7,c7 is an exclusive licensee 
to a patent identified under paragraph  
7#a72 and  7#aj7 the identity of any    
person1 other than the party alleging   
infringement1 who is known to the party 
alleging infringement1 and who has a    
legal or financial right to enforce a   
patent identified under paragraph 7#a74 
4  7b7 ,technical and conforming        
amendment ,the table of sections for    
chapter #bi of title #ce1 ,united       
,states ,code1 is amended by inserting  
after the item relating to section #bha 
the following3  #bha;,a4 ,pleading      
requirements for patent infringement    

actions4  4  7c7 ,review of form #ah    
,not later than #ab months after the    
date of the enactment of this ,act1 the 
,supreme ,court shall review and amend  
,form #ah of the ,federal ,rules of     
,civil ,procedure to ensure that ,form  
#ah is consistent with the requirements 
under section #bha;,a of title #ce1     
,united ,states ,code1 as added by      
subsection 7a74  7d7 ,rule of           
construction ,nothing in this section or
 the amendments made by this section    
shall be construed to alter existing law
 or rules relating to joinder4  #c4     
,joinder of interested parties ,section 
#bii of title #ce1 ,united ,states      
,code1 is amended by adding at the end  
the following3  7d7 ,joinder of         
interested parties  7#a7 ,definition ,in
 this subsection1 the term interested   
party1 with respect to a civil action   
arising under any ,act of ,congress     
relating to patents--  7,a7 means a     
person described in paragraph 7#i7 or   
7#aj7 of section #bha;,a2 and  7,b7 does

 not include an attorney or law firm    
providing legal representation in the   
action if the sole basis for the        
financial interest of the attorney or   
law firm in the outcome of the action   
arises from an agreement to provide that
 legal representation4  7#b7 ,joinder of
 interested parties ,in a civil action  
arising under any ,act of ,congress     
relating to patents1 the court shall    
grant a motion by a party defending an  
infringement claim to join an interested
 party if the defending party files the 
motion to join within #abj days after   
the first complaint1 answer1 or         
counterclaim and shows that the interest
 of the plaintiff in any patent         
identified in the complaint1 including a
 claim asserted in the complaint1 is    
limited primarily to asserting any such 
patent claim in litigation4  7#c7       
,limitation on joinder ,the court may   
deny a motion to join an interested     
party under paragraph 7#b7 if--  7,a7   
the interested party is not subject to  

service of process2 or  7,b7 joinder    
under paragraph 7#b7 would deprive the  
court of subject matter jurisdiction or 
make venue improper4  4  #d4 ,stay of   
action against secondary parties  7a7   
,in general ,chapter #bi of title #ce1  
,united ,states ,code1 is amended by    
adding at the end the following3  #cjj4 
,stay of action against secondary       
parties  7a7 ,stay of action  7#a7 ,in  
general ,in any civil action arising    
under any ,act of ,congress relating to 
patents1 the court shall grant a motion 
to stay all or part of the action as to 
a secondary party with respect to       
infringement related to a primary party 
in the same or another action concerning
 the same apparatus1 product1 feature1  
device1 method1 system1 process1        
function1 act1 service1 or other        
instrumentality1 in whole or in relevant
 part1 of the disputed patent of the    
primary party1 if--  7,a7 the primary   
and secondary parties consent to the    
stay in writing2  7,b7 the motion is    

filed not later than #abj days after    
service of the first complaint in the   
action of the primary party that is     
asserted as the basis for the secondary 
party's alleged infringement2 and  7,c7 
the secondary party agrees to be bound  
by any judgment entered against the     
primary party to the same extent as such
 primary party may be bound with respect
 to issues that the primary and         
secondary parties have in common4  7#b7 
,treatment of secondary party ,during a 
stay under paragraph 7#a71 the secondary
 party shall be treated as a nonparty to
 the action against the primary party   
for purposes of discovery1 hearings1    
trial1 or otherwise4 ,the stay shall    
continue until such time that a final   
adjudication in the action against the  
primary party has been entered and all  
appeals thereof exhausted4  7b7 ,other  
authority not affected ,nothing in this 
section shall be construed as abrogating
 a court's discretion to grant any stay 
or expand any stay granted pursuant to  

this section where otherwise permitted  
by law4  7c7 ,definitions ,in this      
section3  7#a7 ,primary party ,the term 
primary party means a person who        
manufacturers or supplies1 or causes the
 manufacture or supply of1 an apparatus1
 product1 feature1 device1 method1      
system1 process1 function1 act1 service1
 or other instrumentality1 in whole or  
in material part--  7,a7 that is alleged
 to infringe a patent in dispute2 or    
7,b7 that uses a process alleged to     
infringe a patent in dispute4  7#b7     
,secondary party ,the term secondary    
party means a party accused of          
infringing a patent in dispute based on 
the use1 distribution1 resale1 or       
consumption of a product or process by a
 primary party4  4  7b7 ,conforming     
amendment ,the table of sections for    
chapter #bi of title #ce1 ,united       
,states ,code1 is amended by adding at  
the end the following3  #cjj4 ,stay of  
action against secondary parties4  4    
#e4 ,stay of discovery  7a7 ,in general 

,chapter #bi of title #ce1 ,united      
,states ,code1 is amended by adding at  
the end the following3  #cjj;,a4 ,stay  
of discovery in patent infringement     
suits  7a7 ,in general ,except as       
provided in subsections 7b7 and 7c71 in 
a civil action arising under any ,act of
 ,congress relating to patents--  7#a7  
the court shall stay discovery until    
after the court has ruled on--  7,a7 any
 motion to dismiss the action2 and  7,b7
 any motion to transfer venue of the    
action2 and  7#b7 if the court          
determines that a ruling relating to the
 construction of terms used in a patent 
claim asserted in the complaint in the  
action is required1 the court shall stay
 discovery until after the court has    
made the ruling4  7b7 ,exception        
,notwithstanding subsection 7a71 the    
court may1 in an action described in    
that subsection1 allow discovery to the 
extent necessary for the court to make  
the ruling under paragraph 7#a7 or 7#b7 
of that subsection1 as the case may be4 

7c7 ,discretion ,to expand scope of     
discovery in extraordinary circumstances
 ,if1 under any provision of ,federal   
law 7including the ,drug ,price         
,competition and ,patent ,term          
,restoration ,act 7,public ,law         
#ih-dag771 the court determines that    
extraordinary circumstances exist       
because resolution within a specified   
period of time of a civil action arising
 under any ,act of ,congress relating to
 patents will have an automatic impact  
upon the rights of a party with respect 
to the patent1 the court may permit     
discovery in addition to the discovery  
authorized under subsection 7b7 before  
the ruling described in subsection 7b7  
as necessary to ensure timely resolution
 of the action4  7d7 ,preservation of   
evidence  7#a7 ,in general ,during the  
pendency of any stay of discovery under 
this section1 unless otherwise ordered  
by the court1 any party to the action   
with actual notice of the allegations   
contained in the complaint shall treat  

all documents1 data compilations        
7including electronically recorded or   
stored data71 and tangible objects that 
are in the custody or control of such   
person and that are relevant to the     
allegations1 as if they were the subject
 of a continuing request for production 
of documents from an opposing party     
under the ,federal ,rules of ,civil     
,procedure4  7#b7 ,sanction for willful 
violation ,a party aggrieved by the     
willful failure of an opposing party to 
comply with paragraph 7#a7 may apply to 
the court for an order awarding         
appropriate sanctions4  4  7b7          
,conforming amendment ,the table of     
sections for chapter #bi of title #ce1  
,united ,states ,code1 is amended by    
adding at the end the following3        
#cjj;,a4 ,stay of discovery in patent   
infringement suits4  4  #f4 ,sanctions  
for abusive litigation  7a7 ,in general 
,chapter #bi of title #ce1 ,united      
,states ,code1 is amended by adding at  
the end the following3  #cjj;,b4        

,sanctions for abusive litigation  7a7  
,mandatory review by court ,in any civil
 action arising under any ,act of       
,congress relating to patents1 upon     
final adjudication of the action1 the   
court shall include in the record       
specific findings regarding compliance  
by each party and each attorney         
representing any party with each        
requirement of ,rule #aa7;b7 of the     
,federal ,rules of ,civil ,procedure as 
to any complaint1 responsive pleading1  
or dispositive motion4  7b7 ,sanctions  
,if the court makes a finding under     
subsection 7a7 that a party or attorney 
violated any requirement of ,rule       
#aa7;b7 of the ,federal ,rules of ,civil
 ,procedure as to any complaint1        
responsive pleading1 or dispositive     
motion1 the court may impose sanctions  
on such party or attorney in accordance 
with ,rule #aa of the ,federal ,rules of
 ,civil ,procedure4 ,before making a    
finding that any party or attorney has  
violated ,rule #aa of the ,federal      

,rules of ,civil ,procedure1 the court  
shall give such party or attorney notice
 and an opportunity to respond4  4  7b7 
,conforming amendments  7#a7 ,table of  
contents ,the table of sections for     
chapter #bi of title #ce1 ,united       
,states ,code1 is amended by adding at  
the end the following3  #cjj;,b4        
,sanctions for abusive litigation4  4   
7#b7 ,award of attorneys fees in        
exceptional cases ,section #bhe of title
 #ce1 ,united ,states ,code1 is amended 
by striking ,the court and inserting    
,subject to section #cjj;,b7b71 the     
court4  #g4 ,effective date ,this ,act  
and the amendments made by this ,act    
shall apply to civil actions commenced  
on or after the date of the enactment of
 this ,act4