,,ii  #aacth ,,congress  #ast ,session  
,s4 #afab  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,october #cj1  
#bjac,mr4 ,hatch introduced the         
following bill2 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 
lawsuits4  #a4 ,short title2 table of   
contents  7a7 ,short title ,this ,act   
may be cited as the ,patent ,litigation 
,integrity ,act of #bjac4  7b7 ,table of
 contents ,the table of contents for    
this ,act is as follows3 ,sec4 #a4      
,short title2 table of contents4,,title 
,i--,mandatory fee shifting,sec4 #aja4  
,litigation and other expenses4,,title  
,,ii--,discretionary ,bonding,sec4 #bja4
 ,motion for a bond4  ,i ,mandatory fee 
shifting  #aja4 ,litigation and other   
expenses  7a7 ,in general ,section #bhe 
of title #ce1 ,united ,states ,code1 is 
amended to read as follows3  #bhe4 ,fees
 and other expenses ,the court shall    

award to a prevailing party reasonable  
fees and other expenses1 including      
attorney fees1 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 patents1 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 unjust4  4  
7b7 ,technical and conforming amendment 
,the table of sections for chapter #bi  
of title #ce1 ,united ,states ,code1 is 
amended by striking the item relating to
 section #bhe and inserting the         
following3  #bhe4 ,fees and other       
expenses4  4  ,,ii ,discretionary       
,bonding  #bja4 ,motion for a bond  7a7 
,in general ,chapter #bi of title #ce1  
,united ,states ,code1 is amended by    
inserting after section #bhe the        
following3  #bhe;,a4 ,motion for a bond 
7a7 ,in general ,the court1 on motion by
 the defendant or a respondent in a     

proceeding1 may order the party alleging
 infringement to post a bond sufficient 
to ensure payment of the accused        
infringer's reasonable fees and other   
expenses1 including attorney fees4  7b7 
,factors ,to be considered ,for purposes
 of this section1 in determining whether
 a bond requirement would be            
unreasonable or unnecessary1 the court  
shall consider-- 7#a7 whether the bond  
will burden the ability of the party    
alleging infringement to pursue         
activities unrelated to the assertion1  
acquisition1 litigation1 or licensing of
 any patent2  7#b7 whether the party    
alleging infringement is-- 7,a7 an      
institution of higher education 7as     
defined in section #aja7;a7 of the      
,higher ,education ,act of #aife 7#bj   
,u4,s4,c4 #ajja7;a7772 or  7,b7 a       
non-profit technology transfer          
organization whose primary purpose is to
 facilitate the commercialization of    
technologies developed by one or more   
institutions of higher education2  7#c7 

whether a licensee1 who has an exclusive
 right under a patent held by an        
institution of higher education or a    
non-profit organization described in    
paragraph 7#b71 conducts further        
research on or development of the       
subject matter to make the subject      
matter more licensable2  7#d7 whether   
the party alleging infringement is a    
named inventor of or an original        
assignee to an asserted patent2  7#e7   
whether the party alleging infringement 
makes or sells a product related to the 
subject matter described in an asserted 
patent2  7#f7 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 so2 and  7#g7 
whether any party will agree to pay the 
accused infringer's shifted fees and    
other expenses1 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 expenses4  4  7b7 ,technical and  
conforming amendment ,the table of      
sections for chapter #bi of title #ce1  
,united ,states ,code1 as amended by    
section #aja1 is amended by inserting   
after the item relating to section #bhe 
the following3  #bhe;,a4 ,motion for a  
bond4  4