,i #aafth ,,congress #ast ,session ,h4 ,r4 #edgh ,,in ,,the ,,house ,,of ,,representatives ,december #ah1 #bjai,mr4 ,danny ,k4 ,davis of ,illinois 7for himself and ,mr4 ,gosar7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ce1 ,united ,states ,code1 restore patent rights to inventors1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,inventor ,rights ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,inventors have contributed significantly to innovation in the ,united ,states and their continued dedication to inventing and sharing solutions to modern technical challenges is essential for the ,united ,states to maintain leadership in the global economy4 7#b7 ,inventors1 not employees or investors1 are the source of innovation intended by the ,constitution 7securing to inventors7 and the ,patent ,act 7,whoever invents or discovers ''' may obtain a patent therefore '''74 7#c7 ,recent changes to patent laws and procedures and ,supreme ,court decisions have adversely affected inventors such that the promise of ,article #a1 section #h of the ,constitution of securing for limited times to inventors the exclusive right to their discoveries is no longer attainable4 7#d7 ,inventors are denied the fundamental right to exclude others by the ,supreme ,court's #bjjf decision in e,bay ,inc4 v4 ,merc,exchange1 ,,llc4 7#e7 ,inventors were stripped of the right to file suit in their own judicial district by the ,supreme ,court's #bjag decision in ,,tc ,heartland ,,llc v4 ,kraft ,foods ,group ,brands ,,llc4 7#f7 ,issued patents fail to secure to inventors their exclusive rights because-- 7,a7 the ,patent ,trial and ,appeal ,board institutes trials in over #fj percent of cases and invalidates one or more claims in over #hj percent of trials which reach a final decision2 7,b7 many patents are subjected to multiple post issuance reviews2 or 7,c7 most inventors cannot afford the costs of defending a patent challenged in a single post issuance review1 as these costs can reach hundreds of thousand of dollars4 7#g7 ,infringement trials can cost tens of millions of dollars and can take up to ten years to reach a final judgment after all appeals1 making legal relief unattainable for inventors4 7#h7 ,these obstacles have given rise to an efficient infringement business model whereby large corporations infringe patent rights held by inventors without concern for any legal consequences4 7#i7 ,patent protection has led to patient cures1 positive changes to the standard of living for all people in the ,united ,states1 and improvements to the agricultural1 telecommunications1 software1 biotech1 pharmaceutical and electronics industries1 among others4 #c4 ,inventor protections 7a7 ,inventor-,owned patent ,section #ajj of title #ce1 ,united ,states ,code1 is amended by adding at the end the following3 7k7 ,the term inventor-owned patent means a patent with respect to which the inventor of the invention claimed by the patent or an entity controlled by that inventor-- 7#a7 is the patentee2 and 7#b7 holds all substantial rights4 4 7b7 ,inventor-,owned patent protections ,chapter #cb of title #ce1 ,united ,states ,code1 is amended by adding at the end the following new section3 #ccj4 ,inventor protections 7a7 ,protection from post issuance proceedings in the united states patent and trademark office ,the ,united ,states ,patent and ,trademark ,office shall not undertake a proceeding to reexamine1 review1 or otherwise make a determination about the validity of an inventor-owned patent without the consent of the patentee4 7b7 ,choice of venue ,any civil action for infringement of an inventor-owned patent or any action for a declaratory judgment that an inventor-owned patent is invalid or not infringed may be brought in a judicial district-- 7#a7 in accordance with section #adjj7;b7 of title #bh2 7#b7 where the defendant has agreed or consented to be sued in the instant action2 7#c7 where an inventor named on the patent in suit conducted research or development that led to the application for the patent in suit2 7#d7 where a party has a regular and established physical facility that such party controls and operates1 not primarily for the purpose of creating venue1 and has-- 7,a7 engaged in management of significant research and development of an invention claimed in a patent in suit prior to the effective filing date of the patent2 7,b7 manufactured a tangible good that is alleged to embody an invention claimed in a patent in suit2 or 7,c7 implemented a manufacturing process for a tangible good in which the process is alleged to embody an invention claimed in a patent in suit2 or 7#e7 in the case of a foreign defendant that does not meet the requirements of section #adjj7;b7 of title #bh1 in accordance with section #acia7;c77#c7 of such title4 7c7 ,injunction 7#a7 ,presumption ,upon a finding by a court of infringement of an inventor-owned patent not proven invalid or unenforceable1 the court shall presume1 respectively1 that-- 7,a7 further infringement of the patent would cause irreparable injury2 and 7,b7 remedies available at law are inadequate to compensate for that injury4 7#b7 ,overcoming the presumption ,a presumption described under subparagraphs 7,a7 or 7,b7 of paragraph 7#a7 may be overcome if the infringing party shows clear and convincing evidence that the patentee would not be irreparably harmed by further infringement of the patent1 including evidence of unreasonable delay by the patentee from the date on which the infringement was known or reasonably could have been known to the patentee4 7d7 ,recovery ,a patentee that asserts a claim for infringement of an inventor-owned patent in a civil action under subsection 7a71 7b71 7c71 7f71 or 7g7 of section #bga may elect1 at any time before final judgment is entered by the court1 recovery under this subsection in lieu of damages under section #bhd4 ,if an election for recovery under this subsection is made1 the following provisions apply upon a finding of infringement3 7#a7 ,profit disgorgement ,the court shall award the patentee the profits from the use made of the invention by the infringer4 ,in assessing profits the patentee shall be required to prove only the infringer's revenues resulting from the infringement2 the infringer must prove all elements of cost or deduction claimed4 7#b7 ,interest and costs ,the court shall award the patentee the costs described under section #aibj of title #bh4 7#c7 ,infringement found willful ,if the court finds the infringement to be willful1 the court may award the patentee damages equal to no more than three times the amount of the profits found in paragraph 7#a74 7#d7 ,attorneys fees ,the court shall award the patentee any amount of their attorneys fees that exceeds #aj percent of the amount of the profits and damages of paragraphs 7#a7 to 7#c74 4 7c7 ,technical and conforming amendment ,the table of sections for chapter #cb of title #ce1 ,united ,states ,code1 is amended by adding at the end the following3 #ccj4 ,inventor protections4 4