3.0.0 1612 2023-01-11T13:23:52Z 2023-01-11T13:23:52Z Senate S S 2013-10-30 113 ssju00 Judiciary Committee Senate Standing Hearings by 2013-12-17T15:13:25Z Referred to 2013-10-30T14:13:55Z 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 2013-12-17 ssju00 Judiciary Committee Senate Committee on the Judiciary. Hearings held. Committee 2013-10-30 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S7675) IntroReferral 2013-10-30 Introduced in Senate IntroReferral 10000 9 Library of Congress H000338 Sen. Hatch, Orrin G. [R-UT] ORRIN HATCH R UT GRANT N Commerce Civil actions and liability Higher education Intellectual property Legal fees and court costs Research and development Technology transfer and commercialization Commerce 00 2013-10-30 Introduced in Senate 2013-11-05T21:49:11Z Patent Litigation Integrity Act of 2013 - Requires courts to award a prevailing party reasonable fees and other expenses, including attorney fees, incurred in connection with a civil action in which any party asserts a claim for relief arising under any Act of Congress relating to patents, unless the court finds that the position and conduct of the nonprevailing party were substantially justified or that special circumstances make an award unjust. (Currently, in exceptional cases, the court is permitted but not required to award reasonable attorney fees.)

Authorizes courts, in response to a motion, to order the party alleging infringement to post a bond sufficient to ensure payment of such fees and expenses of the accused infringer.

Directs a court, in determining whether such a bond would be unreasonable or unnecessary, to consider whether:

  • the bond will burden the ability of the party alleging infringement to pursue activities unrelated to the assertion, acquisition, litigation, or licensing of any patent;
  • the party alleging infringement is an institution of higher education or a non-profit technology transfer organization;
  • a licensee, who has an exclusive right under a patent held by such an institution of higher education or non-profit organization, conducts further research or development to make the subject matter more licensable;
  • the party alleging infringement: (1) is a named inventor of or an original assignee to an asserted patent, (2) makes or sells a product related to the subject matter described in an asserted patent, or (3) can demonstrate that it has and will have the ability to pay the accused infringer's fees and other expenses if so ordered; and
  • any party will agree to pay the accused infringer's shifted fees and other expenses, provided that the party can demonstrate an ability to pay.
]]> Patent Litigation Integrity Act of 2013 Display Title Patent Litigation Integrity Act of 2013 Official Title as Introduced A bill to deter abusive patent litigation by targeting the economic incentives that fuel frivolous lawsuits. Introduced in Senate IS Short Titles as Introduced Patent Litigation Integrity Act of 2013 Introduced in Senate 2013-10-30T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-113s1612is/xml/BILLS-113s1612is.xml 2013-12-17 Committee on the Judiciary. Hearings held. 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.