I 112th CONGRESS 2d Session H. R. 6245 IN THE HOUSE OF REPRESENTATIVES August 1, 2012 Mr. DeFazio (for himself and Mr. Chaffetz) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 29 of title 35, United States Code, to provide for the recovery of computer hardware and software patent litigation costs in cases where the court finds the claimant did not have a reasonable likelihood of succeeding, and for other purposes.

1.

Short title

This Act may be cited as the Saving High-Tech Innovators from Egregious Legal Disputes Act of 2012.

2.

Recovery of litigation costs for computer hardware and software patent

(a)

Amendment

Chapter 29 of title 35, United States Code, is amended by inserting after section 285 the following new section:

285A.

Recovery of litigation costs for computer hardware and software patent

(a)

In general

Notwithstanding section 285, in an action disputing the validity or alleging the infringement of a computer hardware or software patent, upon making a determination that the party alleging the infringement of the patent did not have a reasonable likelihood of succeeding, the court may award the recovery of full costs to the prevailing party, including reasonable attorney’s fees, other than the United States. (b)

Definitions

In this section: (1)

Computer

The term computer means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, and includes— (A)any data storage facility or communications facility directly related to or operating in conjunction with such device; and (B)any processor or peripheral, such as a monitor or input device, directly related to or operating in conjunction with such device. (2)

Computer hardware patent

The term computer hardware patent means a patent that covers computer hardware, including a device or component of such device. (3)

Software patent

The term software patent means a patent that covers— (A)any process that could be implemented in a computer regardless of whether a computer is specifically mentioned in the patent; or (B)any computer system that is programmed to perform a process described in subparagraph (A).

. (b)

Technical and conforming amendment

The table of sections for chapter 29 of title 35, United States Code, is amended by inserting after the item relating to section 285 the following new item: 285A. Recovery of litigation costs for computer hardware and software patent. . (c)

Rule of construction

Nothing in this section, or the amendments made by this section, shall be construed as amending or interpreting categories of patent-eligible subject matter set forth under section 101 of title 35, United States Code. (d)

Effective date

The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to any action involving the validity or infringement of a computer hardware or software patent (as such terms are defined under section 285A of title 35, United States Code, as added by subsection (a)) for which a complaint is filed on or after the date of the enactment of this Act.