,,ii  #aafth ,,congress  #ast ,session  
,s4 #bagh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #ah1     
#bjai,mr4 ,rubio 7for himself and ,mr4  
,cornyn7 introduced the following bill2 
which was read twice and referred to the
 ,committee on the ,judiciary  ,a ,,bill
  ,to impose requirements in certain    
actions for patent infringement1 and for
 other purposes4  #a4 ,short title ,this
 ,act may be cited as the ,prevent      
,abuse of the ,legal ,system ,act or the
 ,,pals ,act4  #b4 ,covered infringement
 actions  7a7 ,definitions ,in this     
section--  7#a7 the term affected       
proceeding means an action for          
infringement of a patent under title    
#ce1 ,united ,states ,code1 an          
investigation under section #ccg of the 
,tariff ,act of #aicj 7#ai ,u4,s4,c4    
#accg71 or any other administrative or  
judicial proceeding in which--  7,a7 a  
patent issued by the ,united ,states    
,patent and ,trademark ,office is a     
subject of the proceeding2 and  7,b7 a  

designated entity-- 7i7 is the owner or 
exclusive licensee of the patent        
described in subparagraph 7,a72  7ii7   
has a financial interest in the outcome 
of the proceeding2 or  7iii7 has direct 
or indirect control over the conduct of 
the litigation of the matter by the     
holder of the patent described in       
subparagraph 7,a72  7#b7 the term       
covered regulations means the ,export   
,administration ,regulations under      
subchapter ,c of chapter ,,vii of title 
#ae1 ,code of ,federal ,regulations2 and
  7#c7 the term designated entity       
means-- 7,a7 an entity on the entity    
list maintained by the ,bureau of       
,industry and ,security of the          
,department of ,commerce and set forth  
in ,supplement ,no4 #d to part #gdd of  
title #ae1 ,code of ,federal            
,regulations2 or  7,b7 any parent1      
subsidiary1 or affiliate of an entity   
described in subparagraph 7,a74  7b7    
,conduct of affected proceedings        
,notwithstanding any other provision of 

law or regulation1 the following        
requirements shall apply with respect to
 an affected proceeding3  7#a7 ,the     
pleadings alleging infringement of the  
patent shall1 with respect to each      
patent in which a designated entity has 
an interest--  7,a7 state with          
particularity the facts and             
circumstances constituting that         
infringement1 including-- 7i7 all patent
 claims alleged to be infringed2 and    
7ii7 all products and services alleged  
to be infringed2  7,b7 provide a        
detailed identification of the specific 
elements of each patent claim that is   
found in each product and service       
identified under subparagraph 7,a77ii72 
and  7,c7 state with particularity all  
damages or other remedies sought in the 
proceeding4  7#b7 ,excluding legal      
counsel for the designated entity       
involved1 neither the designated entity 
nor the agents or representatives of the
 designated entity may obtain through   
discovery1 or by other means1 any       

non-public information of any entity or 
person related to any technical features
 or operation of a product or service4  
7#c7 ,upon the filing of the affected   
proceeding1 the designated entity       
involved shall provide notice of the    
proceeding to the ,department of        
,justice and the ,united ,states ,patent
 and ,trademark ,office4  7#d7 ,the     
,united ,states shall have the          
unconditional right to intervene as a   
party in the proceeding under rule      
#bd7;a7 of the ,federal ,rules of ,civil
 ,procedure4  7c7 ,restrictions on      
certain patent transactions             
,notwithstanding any other provision of 
law or regulation1 the following        
requirements shall apply with respect to
 the sale or exclusive license of a     
patent issued by the ,united ,states    
,patent and ,trademark ,office3  7#a7   
,the sale or license is prohibited if   
the sale or license is to a designated  
entity and the entity has not undergone 
review under section #gba of the        

,defense ,production ,act of #aiej 7#ej 
,u4,s4,c4 #defe74  7#b7 ,the sale or    
license is prohibited if the sale or    
license is to or by a designated entity 
and the manufacture1 sale1 use1 import1 
or export of a product or service that  
is subject to the covered regulations   
would infringe the patent1 unless an    
appropriate license is granted under the
 covered regulations4  7#c7 ,with       
respect to a patent not involving a drug
 or biological product1 the sale or     
license of the patent to or by a        
designated entity to any foreign entity 
or affiliate shall require notification 
pursuant to rules under subsection      
7d77#a71 and the waiting period         
described in subsection 7b77#a71 of     
section #g;,a of the ,clayton ,act 7#ae 
,u4,s4,c4 #ah;a71 notwithstanding any   
other provision of that ,act4  7d7 ,list
 ,the ,under ,secretary of ,commerce for
 ,intellectual ,property and ,director  
of the ,united ,states ,patent and      
,trademark ,office shall maintain a     

publicly available list of all          
designated entities4