,i  #aaith ,,congress  #b;d ,session    
,h4 ,r4 #gadj  ,,in ,,the ,,house ,,of  
,,representatives  ,january #af1        
#bjbf,ms4 ,lee of ,florida 7for herself 
and ,ms4 ,lofgren7 introduced the       
following bill2 which was referred to   
the ,committee on the ,judiciary  ,a    
,,bill  ,to protect main street         
retailers and end users in secondary    
patent actions1 and for other purposes4 
#a4 ,short title ,this ,act may be cited
 as the ,customer ,legal ,ease and      
,relief ,act or the ,,clear ,act4  #b4  
,stay of action against retailer or end 
user  7a7 ,amendment ,chapter #bi of    
title #ce1 ,united ,states ,code1 is    
amended by adding at the end the        
following3  #bii;,a4 ,stay of action    
against retailer or end user  7a7 ,entry
 of stay ,in a civil action in which a  
party asserts a claim for relief for    
infringement of a patent1 the court     
shall grant a motion to stay at least   
the portion of the action against a     
retailer or end user of an accused      

instrumentality if-- 7#a7 the           
manufacturer of the accused             
instrumentality is a party to the action
 or a separate action involving the     
patent and the accused instrumentality2 
7#b7 the retailer or end user does not  
manufacture1 assemble1 integrate1 or    
transform the accused instrumentality or
 a relevant part thereof2  7#c7 the     
retailer or end user agrees that if a   
final judgment on the merits is entered 
in the action to which the manufacturer 
is a party1 for any future action       
involving the same accused              
instrumentality supplied by the same    
manufacturer1 the retailer or end user--
 7,a7 waives all defenses under section 
#bhb7;b72 and  7,b7 is bound by any     
issue decided in the action to which the
 manufacturer is a party2 and  7#d7 the 
retailer or end user agrees to be bound 
by any injunction issued with respect to
 the accused instrumentality in the     
action to which the manufacturer is a   
party4  7b7 ,lift of stay ,a stay       

entered under this section shall be     
lifted upon a showing that the          
manufacturer cannot be made to satisfy a
 damages judgment4  7c7 ,bond or escrow 
,the court may conduct an initial       
hearing or inquiry to determine if the  
manufacturer can be made to satisfy a   
damages judgment4 ,if the court         
determines that there is a substantial  
likelihood that the manufacturer will   
not satisfy a damages judgment1 the     
court may require the retailer or end   
user to post a bond or place funds or   
other property in escrow4  7d7          
,stipulation as ,to use of accused      
instrumentality ,the court may1 as      
necessary in view of an infringement    
claim against the manufacturer1 require 
the end user or retailer to stipulate as
 to the extent of the use of the accused
 instrumentality and allow limited      
discovery as to such use4  7e7 ,time    
limit ,a motion for a stay under this   
section shall be filed not later than   
the later of-- 7#a7 six months after the

 service of the first pleading or paper 
in the action that specifically         
identifies the accused instrumentality  
and how the accused instrumentality is  
alleged to infringe the patent2  7#b7   
six months after the date on which the  
manufacturer becomes a party to an      
action involving the patent and the     
accused instrumentality2 or  7#c7 the   
entry of the first scheduling order in  
the case4  7f7 ,rule of construction    
,nothing in this section may be         
construed to limit the discretion of a  
court to enter a stay under other       
authority4  7g7 ,definitions ,in this   
section3 7#a7 ,accused instrumentality  
,the term accused instrumentality means 
a product1 or an instrumentality that   
implements a process1 that is a material
 part of the claimed invention4  7#b7   
,affiliate ,the term affiliate means any
 entity that controls1 is controlled by1
 or is under common control of another  
entity4  7#c7 ,end user ,the term end   
user means an entity that does not use  

the accused instrumentality other than  
for the ordinary and intended purpose of
 the instrumentality and that does not  
direct1 obligate1 or induce the         
manufacturer to make the accused        
instrumentality4  7#d7 ,manufacturer    
,the term manufacturer means an entity  
that makes1 assembles1 integrates1      
transforms1 or supplies the accused     
instrumentality4  7#e7 ,retailer ,the   
term retailer means an entity that      
generates revenues predominantly through
 the sale to the public of consumer     
goods or services1 or an affiliate of   
such entity4  4  7b7 ,technical and     
conforming amendment ,the table of      
sections for chapter #bi of title #ce1  
,united ,states ,code1 is amended by    
adding at the end the following new     
item3  ,sec4 #bii;,a4 ,stay of action   
against retailer or end user4  4  7c7   
,effective date ,the amendments made by 
this ,act shall take effect on the date 
of the enactment of this ,act and shall 
apply to any action for which a         

complaint is served on and after such   
effective date4