S 3772 — Defending American Courts Act

Summary

Defending American Courts Act This bill imposes limitations relating to a person (i.e., individual or entity) that seeks to use an injunction from a foreign tribunal to restrict a patent infringement claim in the United States. For example, if the person asserting such a foreign injunction has been found liable for patent infringement in a U.S. court, that court shall, with certain exceptions, make specified presumptions that generally increase the likelihood of the court (1) increasing the damages awarded in the case, and (2) awarding attorney fees to the patent owner.

Bill Text

• Introduced Introduced in Senate Current html March 08, 2022

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill introduces new provisions in Title 35 regarding foreign interference in patent infringement claims.

• 35 U.S.C. 274

  Sec. 274. Foreign interference (a) Definition.--In this section, the term `anti-suit injunction' means an injunction issued by a foreign tribunal that purports to restrict the rights of a person to file or maintain-- (1) a claim of infringement of any claim of a United States patent in a tribunal of the United States, including-- (A) in a civil action arising in whole or in part under section 1338 of title 28; or (B) in a proceeding before the United States International Trade Commission pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337); or (2) any appeal from a civil action or proceeding described in paragraph (1), including any appeal arising under paragraph (1) or (6) of section 1295(a) of title 28. (b) Civil Action Presumptions.--Upon a finding of infringement of a patent under section 271 in a civil action against any person that has asserted an anti-suit injunction in any tribunal of the United States seeking to restrict the claim of infringement of the patent on the basis of the anti-suit injunction, the court shall presume that-- (1) the infringement is willful when determining whether to increase damages under section 284; and (2) the action is exceptional when determining whether to award attorney fees under section 285. (c) Patent Trial and Appeal Board.--In determining whether to institute a review under chapter 31 or 32 with respect to a patent, the Director shall decline to institute such a review if the petitioner, real party in interest, or privy of the petitioner has asserted an anti-suit injunction in any tribunal of the United States seeking to restrict a claim for infringement of the patent on the basis of the anti-suit injunction. (d) Consent or Prior Agreement.--Neither subsection (b) nor (c) shall apply if-- (1) the person subject to the applicable anti-suit injunction consents to be bound by the anti-suit injunction; or (2) the applicable anti-suit injunction was issued to enforce a contractual agreement between the parties to submit disputes concerning the patent that is the subject of the anti-suit injunction to resolution by a specified court or arbitral tribunal.

  This establishes new legal definitions and frameworks regarding foreign anti-suit injunctions affecting U.S. patent claims.

• 35 U.S.C. Table of Sections

  `274. Foreign interference.`

  This adds a new section in the Table of Sections for chapter 28 of Title 35 to reference the newly established section on foreign interference.

Action History

1. March 08, 2022

   Introduced in Senate

2. March 08, 2022

   Read twice and referred to the Committee on the Judiciary.

Sponsors

• Thomas Tillis · Primary
• Christopher A. Coons · Cosponsor
• Tom Cotton · Cosponsor
• Mazie K. Hirono · Cosponsor
• Rick Scott · Cosponsor

Subjects