,,ii  #aafth ,,congress  #ast ,session  
,s4 #ddj  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,february #ab1      
#bjai,mr4 ,cotton 7for himself1 ,ms4    
,ernst1 and ,mr4 ,toomey7 introduced the
 following bill2 which was read twice   
and referred to the ,committee on the   
,judiciary  ,a ,,bill  ,to amend title  
#ce1 ,united ,states ,code1 to provide  
that a patent owner may not assert      
sovereign immunity as a defense in      
certain actions before the ,united      
,states ,patent and ,trademark ,office1 
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,preserving ,access to ,cost ,effective 
,drugs ,act or the ,,paced ,act4  #b4   
,abrogation of sovereign immunity  7a7  
,in general ,title #ce1 ,united ,states 
,code1 is amended-- 7#a7 in section     
#ace1 by adding at the end the          
following3  7g7 ,sovereign immunity     
7#a7 ,definitions ,in this subsection-- 
7,a7 the term foreign state has the     
meaning given the term in section       

#afjc7;a7 of title #bh2 and  7,b7 the   
term ,indian tribe has the meaning given
 the term in section #d7;e7 of the      
,indian ,self-,determination and        
,education ,assistance ,act 7#be        
,u4,s4,c4 #ecjd7;e774  7#b7 ,abrogation 
of sovereign immunity ,except as        
provided in paragraph 7#c71 and subject 
to paragraph 7#d71 a patent owner may   
not assert sovereign immunity1 including
 the sovereign immunity accorded to an  
,indian tribe1 as a defense in--  7,a7 a
 derivation proceeding instituted under 
subsection 7a72 or  7,b7 a review by a  
court of the ,united ,states with       
respect to a decision reached in a      
proceeding described in subparagraph    
7,a74  7#c7 ,immunity of foreign states 
,if a patent owner is a foreign state1  
for the purposes of any proceeding      
described in paragraph 7#b77;,a71 the   
,patent ,trial and ,appeal ,board shall 
determine whether the patent owner is   
immune from the jurisdiction of the     
,patent ,trial and ,appeal ,board1 in   

accordance with chapter #ig of title #bh
 as if the ,patent ,trial and ,appeal   
,board were a court of the ,united      
,states4  7#d7 ,limitation ,this        
subsection shall apply only to the      
extent permitted under the #aath        
amendment to the ,constitution of the   
,united ,states4  2  7#b7 in section    
#bif-- 7,a7 in the section heading1 by  
striking and ,state officials and       
inserting 1 ,state officials1 and       
,indian tribes2 and  7,b7 by adding at  
the end the following3  7c7 ,abrogation 
of tribal sovereign immunity  7#a7      
,definitions ,in this subsection--  7,a7
 the term covered claim means any claim1
 counterclaim1 or third-party claim that
 arises under-- 7i7 this title relating 
to infringement of a patent2 or  7ii7   
section #cea of the ,public ,health     
,service ,act 7#db ,u4,s4,c4 #bfb72 and 
7,b7 the term ,indian tribe has the     
meaning given the term in section #d7;e7
 of the ,indian ,self-,determination and
 ,education ,assistance ,act 7#be       

,u4,s4,c4 #ecjd7;e774  7#b7 ,abrogation 
,in any action that involves a covered  
claim that is otherwise within the      
jurisdiction of a court of the ,united  
,states1 an ,indian tribe may not assert
 sovereign immunity as a defense4  2    
7#c7 in section #cje-- 7,a7 in the first
 sentence1 by striking ,after the and   
inserting the following3  7a7 ,in       
general ,after the  2 and  7,b7 by      
adding at the end the following3  7b7   
,sovereign immunity  7#a7 ,definitions  
,in this subsection-- 7,a7 the term     
foreign state has the meaning given the 
term in section #afjc7;a7 of title #bh2 
and  7,b7 the term ,indian tribe has the
 meaning given the term in section      
#d7;e7 of the ,indian                   
,self-,determination and ,education     
,assistance ,act 7#be ,u4,s4,c4         
#ecjd7;e774  7#b7 ,abrogation of        
sovereign immunity ,except as provided  
in paragraph 7#c71 and subject to       
paragraph 7#d71 a patent owner may not  
assert sovereign immunity1 including the

 sovereign immunity accorded to an      
,indian tribe1 as a defense in--  7,a7  
any reexamination proceeding under this 
section1 including any appeal to the    
,patent ,trial and ,appeal ,board2 or   
7,b7 a review by a court of the ,united 
,states with respect to a decision      
reached in a proceeding described in    
subparagraph 7,a74  7#c7 ,immunity of   
foreign states ,if a patent owner is a  
foreign state1 for the purposes of any  
proceeding described in paragraph       
7#b77;,a71 the ,office or the ,patent   
,trial and ,appeal ,board1 as           
applicable1 shall determine whether the 
patent owner is immune from the         
jurisdiction of the ,office or the      
,patent ,trial and ,appeal ,board1 as   
applicable1 in accordance with chapter  
#ig of title #bh as if the ,office or   
the ,patent ,trial and ,appeal ,board1  
as applicable1 were a court of the      
,united ,states4  7#d7 ,limitation ,this
 subsection shall apply only to the     
extent permitted under the #aath        

amendment to the ,constitution of the   
,united ,states4  2  7#d7 in section    
#caf1 by adding at the end the          
following3  7f7 ,sovereign immunity     
7#a7 ,definitions ,in this subsection-- 
7,a7 the term foreign state has the     
meaning given the term in section       
#afjc7;a7 of title #bh2 and  7,b7 the   
term ,indian tribe has the meaning given
 the term in section #d7;e7 of the      
,indian ,self-,determination and        
,education ,assistance ,act 7#be        
,u4,s4,c4 #ecjd7;e774  7#b7 ,abrogation 
of sovereign immunity ,except as        
provided in paragraph 7#c71 and subject 
to paragraph 7#d71 a patent owner may   
not assert sovereign immunity1 including
 the sovereign immunity accorded to an  
,indian tribe1 as a defense in--  7,a7  
an inter partes review instituted under 
this chapter2 or  7,b7 a review by a    
court of the ,united ,states with       
respect to a decision reached in a      
proceeding described in subparagraph    
7,a74  7#c7 ,immunity of foreign states 

,if a patent owner is a foreign state1  
for the purposes of any review described
 in paragraph 7#b77;,a71 the ,patent    
,trial and ,appeal ,board shall         
determine whether the patent owner is   
immune from the jurisdiction of the     
,patent ,trial and ,appeal ,board1 in   
accordance with chapter #ig of title #bh
 as if the ,patent ,trial and ,appeal   
,board were a court of the ,united      
,states4  7#d7 ,limitation ,this        
subsection shall apply only to the      
extent permitted under the #aath        
amendment to the ,constitution of the   
,united ,states4  2 and  7#e7 in section
 #cbf1 by adding at the end the         
following3  7f7 ,sovereign immunity     
7#a7 ,definitions ,in this subsection-- 
7,a7 the term foreign state has the     
meaning given the term in section       
#afjc7;a7 of title #bh2 and  7,b7 the   
term ,indian tribe has the meaning given
 the term in section #d7;e7 of the      
,indian ,self-,determination and        
,education ,assistance ,act 7#be        

,u4,s4,c4 #ecjd7;e774  7#b7 ,abrogation 
of sovereign immunity ,except as        
provided in paragraph 7#c71 and subject 
to paragraph 7#d71 a patent owner may   
not assert sovereign immunity1 including
 the sovereign immunity accorded to an  
,indian tribe1 as a defense in--  7,a7 a
 post-grant review instituted under this
 chapter2 or  7,b7 a review by a court  
of the ,united ,states with respect to a
 decision reached in a proceeding       
described in subparagraph 7,a74  7#c7   
,immunity of foreign states ,if a patent
 owner is a foreign state1 for the      
purposes of any review described in     
paragraph 7#b77;,a71 the ,patent ,trial 
and ,appeal ,board shall determine      
whether the patent owner is immune from 
the jurisdiction of the ,patent ,trial  
and ,appeal ,board1 in accordance with  
chapter #ig of title #bh as if the      
,patent ,trial and ,appeal ,board were a
 court of the ,united ,states4  7#d7    
,limitation ,this subsection shall apply
 only to the extent permitted under the 

#aath amendment to the ,constitution of 
the ,united ,states4  4  7b7 ,amendments
 to the ,tariff ,act of #aicj ,section  
#ccg of the ,tariff ,act of #aicj 7#ai  
,u4,s4,c4 #accg7 is amended by adding at
 the end the following3  7o7 ,abrogation
 of tribal sovereign immunity  7#a7     
,definitions ,in this subsection-- 7,a7 
the term covered person--  7i7 means a  
person2 and  7ii7 includes--  7,i7 an   
,indian tribe2 and  7,,ii7 any other    
person that claims immunity on account  
of the sovereign status of an ,indian   
tribe2 and  7,b7 the term ,indian tribe 
has the meaning given the term in       
section #d7;e7 of the ,indian           
,self-,determination and ,education     
,assistance ,act 7#be ,u4,s4,c4         
#ecjd7;e774  7#b7 ,abrogation ,in any   
proceeding under this section1 no       
covered person may assert as a defense  
the sovereign immunity that is accorded 
to an ,indian tribe4  4  7c7 ,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   
#bif and inserting the following3  #bif4
 ,liability of ,states1                 
instrumentalities of ,states1 ,state    
officials1 and ,indian tribes for       
infringement of patents4  4