3.0.0 2639 2023-01-11T13:24:34Z 2023-01-11T13:24:34Z House H HR 2013-07-10 113 From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. JEFFRIES:H.R. 2639.Congress has the power to enact this legislation pursuantto the following:Clause 8 of Section 8 of Article I of the Constitution.[Page H4369]]]> hsju00 Judiciary Committee House Standing hsju03 Courts, Intellectual Property, and the Internet Subcommittee Referred to 2013-09-13T18:49:52Z Referred to 2013-07-10T14:01:15Z Innovation Act 113 3309 HR 2013-12-09 Received in the Senate and Read twice and referred to the Committee on the Judiciary. Related bill CRS Patent Abuse Reduction Act of 2013 113 1013 S 2013-12-17 Committee on the Judiciary. Hearings held. Related bill CRS 2013-09-13 hsju03 Courts, Intellectual Property, and the Internet Subcommittee 1 House committee actions Referred to the Subcommittee on Courts, Intellectual Property, and the Internet. Committee 2013-07-10 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2013-07-10 Introduced in House IntroReferral Intro-H 9 Library of Congress 2013-07-10 Introduced in House IntroReferral 1000 9 Library of Congress J000294 Rep. Jeffries, Hakeem S. [D-NY-8] Hakeem Jeffries D NY S. 8 N F000460 Rep. Farenthold, Blake [R-TX-27] Blake Farenthold R TX 27 2013-07-10 True Commerce Civil actions and liability Evidence and witnesses Intellectual property Judicial procedure and administration Legal fees and court costs Commerce 00 2013-07-10 Introduced in House 2013-08-19T14:35:18Z Patent Litigation and Innovation Act of 2013 - Directs a party alleging infringement in a civil action arising under any Act of Congress relating to patents to include in the court pleadings:

  • an identification of each patent and claim allegedly infringed as well as the accused apparatus, product, feature, device, method, system, process, function, act, service, or other instrumentality (referred to as an "accused instrumentality") alleged to infringe any such claim;
  • an identification of the name or model number of accused instrumentalities that allegedly result in the practice of a claimed invention;
  • for each accused instrumentality, an explanation of where each element of each asserted claim identified is found within the accused instrumentality, whether each such element is infringed literally or under the doctrine of equivalents, and how the terms in each asserted claim correspond to the functionality of the accused instrumentality;
  • for each claim alleged to have been infringed indirectly, a description of the direct infringement, any person alleged to be a direct infringer known to the party alleging infringement, and the acts of the alleged indirect infringer that contribute to or are inducing the direct infringement;
  • a description of the right of the party alleging infringement to assert each identified patent and claim;
  • the principal business of the party alleging infringement; and
  • the identity of any person other than the party alleging infringement, known to the party alleging infringement, who: (1) owns or co-owns an identified patent or is the assignee of, or an exclusive licensee to, such patent; or (2) has a legal or financial right to enforce an identified patent.

Sets forth procedures with respect to the joinder of parties, stays of action against secondary parties (parties accused of infringing a patent in dispute based on the use, distribution, resale, or consumption of a product or process by a primary party), and stays of discovery until the court has ruled on any motions to dismiss or transfer venue. Permits the court to expand discovery in extraordinary circumstances.

Directs the court, upon final adjudication, to include in the record specific findings on the compliance by each party and attorney with Federal Rules of Civil Procedure addressing proper representations to the court, including findings that motions and pleading were not presented to harass, delay, or increase litigation costs and that claims were nonfrivolous and based on evidentiary support.

Authorizes sanctions for: (1) a willful failure to preserve evidence during a stay of discovery, and (2) a violation of the representation to the court rules.

]]> Patent Litigation and Innovation Act of 2013 Display Title Patent Litigation and Innovation Act of 2013 Official Title as Introduced To amend title 35, United States Code, to add procedural requirements for patent infringement suits, and for other purposes. Introduced in House IH Short Titles as Introduced Patent Litigation and Innovation Act of 2013 Introduced in House 2013-07-10T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-113hr2639ih/xml/BILLS-113hr2639ih.xml 2013-09-13 Referred to the Subcommittee on Courts, Intellectual Property, and the Internet. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.