S. 1612: Patent Litigation Integrity Act of 2013

Introduced:
Oct 30, 2013
Status:
Referred to Committee on Oct 30, 2013
Prognosis
1% chance of being enacted
Track this bill

This bill was assigned to a congressional committee on October 30, 2013, which will consider it before possibly sending it on to the House or Senate as a whole.

Introduced
Oct 30, 2013
Reported by Committee
Passed Senate
Passed House
Signed by the President
 
Sponsor
Orrin Hatch
Senior Senator from Utah
Party
Republican
Text
Read Text »
Last Updated
Oct 30, 2013
Length
5 pages
Related Bills
H.R. 3309 (Related)
Innovation Act

Passed House
Last Action: Dec 05, 2013

S. 1013 (Related)
Patent Abuse Reduction Act of 2013

Referred to Committee
Last Action: May 22, 2013

 
Full Title

A bill to deter abusive patent litigation by targeting the economic incentives that fuel frivolous lawsuits.

Summary

No summaries available.

 
Prognosis

4% chance of getting past committee.
1% chance of being enacted.

Only 11% of bills made it past committee and only about 3% were enacted in 2011–2013. [show factors | methodology]

Cosponsors
none
Committees

Senate Judiciary

The committee chair determines whether a bill will move past the committee stage.

 
Primary Source

THOMAS.gov (The Library of Congress)

GovTrack gets most information from THOMAS, which is updated generally one day after events occur. Activity since the last update may not be reflected here. Data comes via the congress project.

Widget

Get a bill status widget for your website »

Citation

Click a format for a citation suggestion:

Notes

S. stands for Senate bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

The bill’s title was written by its sponsor.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


10/30/2013--Introduced.
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.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


No summary available.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

Use the comment space below for discussion of the merits of S. 1612 with other GovTrack users.
Your comments are not read by Congressional staff.

comments powered by Disqus