[Congressional Record Volume 162, Number 96 (Thursday, June 16, 2016)]
[Senate]
[Page S4315]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4748. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by Mr. Shelby (for himself and Ms. Mikulski) 
to the bill H.R. 2578, making appropriations for the Departments of 
Commerce and Justice, Science, and Related Agencies for the fiscal year 
ending September 30, 2016, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF CONGRESS WITH RESPECT TO WILLFUL 
                   INFRINGEMENT IN PATENT CASES.

       (a) Findings.--Congress finds the following:
       (1) On June 13, 2016, the Supreme Court of the United 
     States held in Halo Electronics, Inc. v. Pulse Electronics, 
     Inc. (in this section referred to as ``Halo''), that the 2-
     part test for awarding enhanced damages under section 284 of 
     title 35, United States Code, as articulated in In re Seagate 
     Technology, LLC, 497 F.3d 1360 (Fed. Cir. 2007) (en banc) (in 
     this section referred to as ``Seagate''), was inconsistent 
     with the intent of that section.
       (2) In 2011, when Congress enacted Public Law 112-29, the 
     standard articulated by the Federal Circuit for willful 
     infringement under Seagate was the established judicial 
     interpretation of section 284 of title 35, United States 
     Code, with respect to awarding enhanced damages in a patent 
     case. The legislative history of section 284 after Seagate 
     was decided shows that Congress was well aware of the Seagate 
     standard and explored the impact of Seagate on the issue of 
     enhanced damages.
       (3) Ultimately, Congress did not substantively amend 
     section 284 of title 35, United States Code, knowing that no 
     action from Congress would be required to ensure that the 
     standard established in Seagate would remain in place and 
     continue to govern the enhancement analysis under that 
     section.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Seagate standard has governed and continues to 
     govern the enhanced damages analysis under section 284 of 
     title 35, United States Code; and
       (2) this intent of Congress should be considered in any 
     decisions interpreting that section.
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