,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #hde  ,,in ,,the ,,house ,,of   
,,representatives  ,february #bg1 #bjac 
,mr4 ,de,fazio 7for himself and ,mr4    
,chaffetz7 introduced the following     
bill2 which was referred to the         
,committee on the ,judiciary  ,a ,,bill 
,to amend chapter #bi of title #ce1     
,united ,states ,code1 to provide for   
the recovery of patent litigation costs1
 and for other purposes4  #a4 ,short    
title ,this ,act may be cited as the    
,saving ,high-,tech ,innovators from    
,egregious ,legal ,disputes ,act of     
#bjac4  #b4 ,recovery of litigation     
costs  7a7 ,amendment ,chapter #bi of   
title #ce1 ,united ,states ,code1 is    
amended by inserting after section #bhe 
the following new section3  #bhe;,a4    
,recovery of litigation costs  7a7 ,in  
general ,in an action involving the     
validity or infringement of a patent--  
7#a7 a party asserting invalidity or    
noninfringement may move for judgment   
that the adverse party does not meet at 

least one of the conditions described in
 subsection 7d72  7#b7 not later than   
#ij days after a party has moved for the
 judgment described in paragraph 7#a71  
the adverse party shall be provided an  
opportunity to prove such party meets at
 least one of the conditions described  
in subsection 7d72  7#c7 as soon as     
practicable after the adverse party has 
been provided an opportunity to respond 
under paragraph 7#b71 but not later than
 #abj days after a party has moved for  
the judgment described in paragraph     
7#a71 the court shall make a            
determination whether the adverse party 
meets at least one of the conditions    
described in subsection 7d72 and  7#d7  
notwithstanding section #bhe1 the ,court
 shall award the recovery of full costs 
to any prevailing party asserting       
invalidity or noninfringement1 including
 reasonable attorney's fees1 other than 
the ,united ,states1 upon the entry of a
 final judgment if the court determines 
that the adverse party did not meet at  

least one of the conditions described in
 subsection 7d71 unless the court finds 
that exceptional circumstances make an  
award unjust4  7b7 ,bond required ,any  
party that fails to meet a condition    
under subsection 7a77#c7 shall be       
required to post a bond in an amount    
determined by the court to cover the    
recovery of full costs described in     
subsection 7a77#d74  7c7 ,timing and    
effect of pending motion ,with respect  
to any motion made pursuant to          
subsection 7a77#a7 the following        
applies3  7#a7 ,in the case of a motion 
that is filed before the moving party's 
initial disclosure are due--  7,a7 the  
court shall limit any discovery to      
discovery that is necessary for the     
disposition of the motion2 and  7,b7 the
 court may delay issuing any scheduling 
order until after ruling on the motion4 
7#b7 ,in the case of a motion that is   
filed after the moving party's initial  
disclosures are due the court may delay 
ruling on the motion until after the    

entry of final judgment4  7#c7 ,in the  
case of a motion that is filed after the
 entry of final judgment1 any such      
motion must be combined with a motion   
for fees to the prevailing party4  7d7  
,condition defined ,for purposes of this
 section1 a condition means1 with       
respect to the party alleging           
infringement1 any of the following3     
7#a7 ,original inventor ,such party is  
the inventor1 a joint inventor1 or in   
the case of a patent filed by and       
awarded to an assignee of the original  
inventor or joint inventor1 the original
 assignee of the patent4  7#b7          
,exploitation of the patent ,such party 
can provide documentation to the court  
of substantial investment made by such  
party in the exploitation of the patent 
through production or sale of an item   
covered by the patent4  7#c7 ,university
 or technology transfer organization    
,such party is--  7,a7 an institution of
 higher education 7as that term is      
defined in section #aja of the ,higher  

,education ,act of #aife 7#bj ,u4,s4,c4 
#ajja72 or  7,b7 a technology transfer  
organization whose primary purpose is to
 facilitate the commercialization of    
technology developed by one or more     
institutions of higher education4  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 #bhe the following  
new item3  #bhe;,a4 ,recovery of        
litigation costs for patent4  4  7c7    
,effective date ,the amendment made by  
subsection 7a7 shall take effect on the 
date of the enactment of this ,act and  
shall apply to any action involving the 
validity or infringement of a patent for
 which a complaint is filed on or after 
the date of the enactment of this ,act4