,,ii #aacth ,,congress #b;d ,session ,s4 #bjdi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bf1 #bjad,mrs4 ,mc,caskill 7for herself and ,mr4 ,rockefeller7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to curb unfair and deceptive practices during assertion of patents1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,transparency in ,assertion of ,patents ,act4 #b4 ,transparency in assertion of patents 7a7 ,disclosures ,the ,federal ,trade ,commission 7referred to in this ,act as the ,commission7 shall promulgate rules to prohibit unfair or deceptive acts and practices in the sending of written communication that states that the intended recipient of the written communication1 or any person affiliated with the intended recipient1 is infringing or may be infringing the patent of and bears liability or owes compensation to another4 ,such rules shall establish the disclosures that a written communication to which this subsection applies must contain1 including-- 7#a7 a detailed description of-- 7,a7 each patent allegedly infringed1 including the patent number2 and 7,b7 each claim of each patent that is allegedly infringed2 7#b7 a clear1 accurate1 and detailed description1 such as the manufacturer and model number1 of each product1 device1 business method1 service1 or technology that allegedly infringes each claim under paragraph 7#a77;,b7 or that is covered by that claim2 7#c7 a clear1 accurate1 and detailed description of how a product1 device1 business method1 service1 or technology under paragraph 7#b7 allegedly infringes a patent or claim under paragraph 7#a72 7#d7 notice to the intended recipient that the intended recipient may have the right to have the manufacturer under paragraph 7#b7 defend against the alleged infringement2 7#e7 a name1 an address1 and any other contact information necessary for an intended recipient to determine the identity of a person with the right to enforce a patent described under paragraph 7#a7 or with a direct financial interest in a patent described under paragraph 7#a71 including each owner1 co-owner1 assignee1 exclusive licensee1 and entity with the authority to enforce the patent1 and the ultimate parent entity 7as defined in section #hja4a7;a77#c7 of title #af1 ,code of ,federal ,regulations1 or any successor regulation7 of each owner1 co-owner1 assignee1 exclusive licensee1 and entity with the authority to enforce the patent2 7#f7 a description of any licensing commitment or obligation1 such as reasonable and non-discriminatory terms1 that applies to a patent or claim under paragraph 7#a72 7#g7 if compensation is proposed1 the method used to calculate that proposed amount2 7#h7 each current instance of reexamination or other post-grant review of each patent described under paragraph 7#a7 at the ,patent and ,trademark ,office1 any past or ongoing litigation involving the patent1 and the status of such review and any determinations as to the invalidity of the patent or any of its claims2 and 7#i7 other disclosures that the ,commission considers necessary to carry out the purpose of this ,act4 7b7 ,exemptions ,the rules promulgated by the ,commission under subsection 7a7 may exempt from any requirement of that subsection written communication between parties regarding existing licensing agreements1 and any other written communication1 that the ,commission determines is not necessary for the protection of consumers or within the scope of the purposes of this ,act4 7c7 ,unfair or deceptive assertions ,the ,commission shall promulgate rules to prohibit unfair or deceptive assertions in written communication to which subsection 7a7 applies4 ,such rules shall specify the actions that constitute an unfair or deceptive assertion1 including-- 7#a7 an assertion that falsely threatens administrative or judicial relief will be sought if compensation is not paid or the infringement is not otherwise resolved2 7#b7 an assertion that lacks a reasonable basis in fact or law2 and 7#c7 an assertion that is likely to materially mislead a reasonable intended recipient4 7d7 ,consumer education ,the ,commission shall provide education and awareness to the public regarding unfair or deceptive patent assertions4 7e7 ,rulemaking ,the ,commission shall promulgate the rules under this ,act in accordance with section #eec of title #e1 ,united ,states ,code4 7f7 ,enforcement by the ,commission ,a violation of a rule promulgated under this ,act shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 ,the ,commission shall enforce this ,act in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 ,any person who violates this ,act shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7g7 ,enforcement by ,state attorneys general 7#a7 ,civil action ,in any case in which the attorney general of a ,state1 or an official or agency of a ,state1 has reason to believe that an interest of the residents of that ,state has been or is threatened or adversely affected by engagement of any person subject to a rule promulgated under this ,act in a practice that violates the rule1 the attorney general1 official1 or agency of the ,state1 as parens patriae1 may bring a civil action on behalf of the residents of the ,state in an appropriate district court of the ,united ,states-- 7,a7 to enjoin further violation of the rule by the defendant2 7,b7 to compel compliance with the rule2 7,c7 to obtain damages1 restitution1 or other compensation on behalf of such residents2 7,d7 to obtain such further and other relief as the court considers appropriate2 or 7,e7 to obtain civil penalties in the amount determined under paragraph 7#b74 7#b7 ,civil penalties 7,a7 ,calculation ,for purposes of imposing a civil penalty under paragraph 7#a77;,e71 the amount determined under this paragraph is the amount calculated by multiplying the number of separate violations of a rule by an amount not greater than #af1jjj4 7,b7 ,adjustment for inflation ,beginning on the date that the ,consumer ,price ,index is first published by the ,bureau of ,labor ,statistics that is after #a year after the date of enactment of this ,act1 and each year thereafter1 the amount specified in subparagraph 7,a7 shall be increased by the percentage increase in the ,consumer ,price ,index published on that date from the ,consumer ,price ,index published the previous year4 7#c7 ,intervention by the ,commission 7,a7 ,notice and intervention ,the ,state shall provide prior written notice of any civil action under paragraph 7#a7 to the ,commission and provide the ,commission with a copy of its complaint1 except in any case in which such prior notice is not feasible1 in which case the ,state shall serve such notice immediately upon commencing such action4 ,the ,commission shall have the right-- 7i7 to intervene in the civil action2 7ii7 upon so intervening1 to be heard on all matters arising in the civil action2 and 7iii7 to file petitions for appeal of a decision in the civil action4 7,b7 ,limitation on ,state action while ,federal action is pending ,if the ,commission has instituted a civil action for violation of this ,act1 no ,state attorney general1 or official or agency of a ,state1 may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the ,commission for any violation of this ,act alleged in the complaint4 7#d7 ,construction ,for purposes of bringing any civil action under paragraph 7#a71 nothing in this ,act shall be construed to prevent an attorney general of a ,state from exercising the powers conferred on the attorney general by the laws of that ,state to conduct investigations1 to administer oaths or affirmations1 or to compel the attendance of witnesses or the production of documentary and other evidence4 7h7 ,rule of construction ,nothing in this ,act shall be construed as limiting or otherwise affecting in any way-- 7#a7 any other authority of the ,commission2 or 7#b7 the application of title #ce1 ,united ,states ,code1 or any other provision of law relating to patents4