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H.R. 243 (112th): Patent Lawsuit Reform Act of 2011

The text of the bill below is as of Jan 7, 2011 (Introduced).



1st Session

H. R. 243


January 7, 2011

introduced the following bill; which was referred to the Committee on the Judiciary


To amend title 35, United States Code, to modify the penalty for false marking, and for other purposes.


Short title

This Act may be cited as the Patent Lawsuit Reform Act of 2011.


False marking


In general

Section 292 of title 35, United States Code, is amended—


in subsection (a)—


in the second undesignated paragraph, by striking any unpatented article and inserting unpatented articles;


in the third undesignated paragraph, by striking any article and inserting one or more articles; and


, by striking $500 for every such offense and inserting $500, in the aggregate, for all offenses in connection with such articles; and


by amending subsection (b) to read as follows:


A person who has suffered a competitive injury as a result of a violation of this section may bring a civil action in the appropriate district court of the United States against the person violating this section for recovery of not more than $500 in damages to compensate for the injury.



Effective date

The amendments made by this section shall apply to any case pending on the date of the enactment of this Act, and to any case commenced on or after such date of enactment.