,,ii  #aagth ,,congress  #b;d ,session  
,s4 #cggb  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,march #h      
7legislative day1 ,march #g71 #bjbb,mr4 
,tillis 7for himself1 ,mr4 ,coons1 ,mr4 
,cotton1 ,ms4 ,hirono1 and ,mr4 ,scott  
of ,florida7 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 limit foreign         
interference with respect to the right  
to file and maintain a patent           
infringement claim1 and for other       
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,defending ,american
 ,courts ,act4  #b4 ,limiting foreign   
interference  7a7 ,in general ,chapter  
#bh of title #ce1 ,united ,states ,code1
 is amended by adding at the end the    
following3  #bgd4 ,foreign interference 
7a7 ,definition ,in this section1 the   
term anti-suit injunction means an      
injunction issued by a foreign tribunal 
that purports to restrict the rights of 

a person to file or maintain-- 7#a7 a   
claim of infringement of any claim of a 
,united ,states patent in a tribunal of 
the ,united ,states1 including-- 7,a7 in
 a civil action arising in whole or in  
part under section #acch of title #bh2  
or  7,b7 in a proceeding before the     
,united ,states ,international ,trade   
,commission pursuant to section #ccg of 
the ,tariff ,act of #aicj 7#ai ,u4,s4,c4
 #accg72 or  7#b7 any appeal from a     
civil action or proceeding described in 
paragraph 7#a71 including any appeal    
arising under paragraph 7#a7 or 7#f7 of 
section #abie7;a7 of title #bh4  7b7    
,civil action presumptions ,upon a      
finding of infringement of a patent     
under section #bga in a civil action    
against any person that has asserted an 
anti-suit injunction in any tribunal of 
the ,united ,states seeking to restrict 
the claim of infringement of the patent 
on the basis of the anti-suit           
injunction1 the court shall presume     
that-- 7#a7 the infringement is willful 

when determining whether to increase    
damages under section #bhd2 and  7#b7   
the action is exceptional when          
determining whether to award attorney   
fees under section #bhe4  7c7 ,patent   
trial and appeal board ,in determining  
whether to institute a review under     
chapter #ca or #cb with respect to a    
patent1 the ,director shall decline to  
institute such a review if the          
petitioner1 real party in interest1 or  
privy of the petitioner has asserted an 
anti-suit injunction in any tribunal of 
the ,united ,states seeking to restrict 
a claim for infringement of the patent  
on the basis of the anti-suit           
injunction4  7d7 ,consent or prior      
agreement ,neither subsection 7b7 nor   
7c7 shall apply if-- 7#a7 the person    
subject to the applicable anti-suit     
injunction consents to be bound by the  
anti-suit injunction2 or  7#b7 the      
applicable anti-suit injunction was     
issued to enforce a contractual         
agreement between the parties to submit 

disputes concerning the patent that is  
the subject of the anti-suit injunction 
to resolution by a specified court or   
arbitral tribunal4  4  7b7 ,table of    
sections amendment ,the table of        
sections for chapter #bh of title #ce1  
,united ,states ,code1 is amended by    
inserting after the item relating to    
section #bgc the following3  #bgd4      
,foreign interference4  4  #c4 ,study on
 patents and anti-suit injunctions  7a7 
,study required ,the ,under ,secretary  
of ,commerce for ,intellectual ,property
 and ,director of the ,united ,states   
,patent and ,trademark ,office 7referred
 to in this section as the ,director71  
in consultation with the head of any    
other appropriate agency1 shall conduct 
a study that examines-- 7#a7 the        
importance of patents to the            
technological leadership of the ,united 
,states in critical and emerging        
technologies1 including by incentivizing
 research and development in innovation 
and standards development in the ,united

 ,states2 and  7#b7 the harms resulting 
from anti-suit injunctions1 as that term
 is defined in section #bgd7;a7 of title
 #ce1 ,united ,states ,code1 as added by
 section #b of this ,act4  7b7 ,report  
,not later than #a year after the date  
of enactment of this ,act1 the ,director
 shall submit to the ,committee on the  
,judiciary of the ,senate and the       
,committee on the ,judiciary of the     
,house of ,representatives a report on  
the results of the study conducted under
 subsection 7a74