Sec. 3. Pleading requirements for patent infringement actions
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Not later than 1 month after the date of enactment of this Act, the Supreme Court, using existing resources, shall eliminate Form 18 in the Appendix to the Federal Rules of Civil Procedure (Complaint for Patent Infringement). Chapter 29 of title 35, United States Code, is amended by inserting after section 281 the following: In a civil action in which a party asserts a claim for relief arising under any Act of Congress relating to patents, a party alleging infringement shall include in a complaint, counterclaim, or cross-claim for patent infringement, except as provided in subsection (c), the following:
An identification of each patent allegedly infringed. An identification of each claim of each patent identified under paragraph
(1)that is allegedly infringed. For each claim identified under paragraph (2), an identification of each accused process, machine, manufacture, or composition of matter (referred to in this section as an accused instrumentality ) alleged to infringe the claim. For each accused instrumentality identified under paragraph (3), an identification with particularity, if known, of— the name or model number (or a representative model number) of each accused instrumentality; or if there is no name or model number, a description of each accused instrumentality. For each claim identified under paragraph (2), a description of the elements thereof that are alleged to be infringed by the accused instrumentality and how the accused instrumentality is alleged to infringe those elements. For each claim of indirect infringement, a description of the acts of the alleged infringer that are alleged to contribute to or induce the direct infringement. The court shall, on the motion of any party, dismiss any count or counts of the complaint, counterclaim, or cross-claim for patent infringement if the requirements of paragraphs
(1)through
(6)of subsection
(a)are not met with respect to such count or counts. The fact that a party pleads in accordance with subsection
(c)shall not be a basis for dismissal if the party nonetheless states a plausible claim for relief sufficient under the Federal Rules of Civil Procedure. If some subset of information required to comply with subsection
(a)is not accessible to a party after an inquiry reasonable under the circumstances, consistent with rule 11 of the Federal Rules of Civil Procedure, an allegation requiring that information may be based upon a general description of that information, along with a statement as to why the information is not accessible. Nothing in this provision shall be construed to affect a party's leave to amend pleadings as specified in the Federal Rules of Civil Procedure. Amendments permitted by the court are subject to the pleading requirements set forth in this section. A party required to disclose information described under subsection
(a)may file information believed to be confidential under seal, with a motion setting forth good cause for such sealing. If such motion is denied by the court, the party may seek to file an amended pleading. Subsection
(a)shall not apply to a civil action that includes a claim for relief arising under section 271(e)(2). In this section— the term financial interest — means— with regard to a patent or patents, the right of a person to receive proceeds from the assertion of the patent or patents, including a fixed or variable portion of such proceeds; and with regard to the patentee, direct or indirect ownership or control by a person of more than 20 percent of the patentee; and does not mean— ownership of shares or other interests in a mutual or common investment fund, unless the owner of such interest participates in the management of such fund; or the proprietary interest of a policyholder in a mutual insurance company or a depositor in a mutual savings association, or a similar proprietary interest, unless the outcome of the proceeding could substantially affect the value of such interest; the term patentee means a party in a civil action that files a pleading subject to the requirements of section 281A; the term proceeding means all stages of a civil action, including pretrial and trial proceedings and appellate review; and the term ultimate parent entity has the meaning given the term in section 261A. Notwithstanding the requirements of section 299B, a patentee shall disclose to the court and each adverse party, not later than 14 days after the date on which the patentee serves or files the pleading subject to the requirements of section 281A— the identity of each— assignee of the patent or patents at issue, and any ultimate parent entity thereof; entity with a right to sublicense to unaffiliated entities or to enforce the patent or patents at issue, and any ultimate parent entity thereof; and entity, other than an entity the ultimate parent of which is disclosed under subparagraph
(A)or (B), that the patentee knows to have a financial interest in— the patent or patents at issue; or the patentee, and any ultimate parent entity thereof; and for each patent that the patentee alleges to be infringed— a list of each complaint, counterclaim, or cross-claim filed by the patentee or an affiliate thereof in the United States during the 3-year period preceding the date of the filing of the action, and any other complaint, counterclaim, or cross-claim filed in the United States during that period of which the patentee has knowledge, that asserts or asserted such patent, including— the caption; civil action number; the court where the action was filed; and if applicable, any court to which the action was transferred; a statement as to whether the patent is subject to an assurance made by the party to a standards development organization to license others under such patent if— the assurance specifically identifies such patent or claims therein; and the allegation of infringement relates to such standard; and a statement as to whether the Federal Government has imposed specific licensing requirements with respect to such patent. For purposes of subsection (b)(1)(C), if the financial interest is held by a corporation traded on a public stock exchange, an identification of the name of the corporation and the public exchange listing shall satisfy the disclosure requirement. For purposes of subsection (b)(1)(C), if the financial interest is not held by a publicly traded corporation, the disclosure shall satisfy the disclosure requirement if the information identifies— in the case of a partnership, the name of the partnership, the address of the principal place of business, and the name and correspondence address of the registered agent; in the case of a corporation, the name of the corporation, the location of incorporation, and the address of the principal place of business; and for each individual, the name and correspondence address of that individual. Not later than 1 month after the date on which the disclosures required under subsection
(b)are made, the patentee shall provide to the United States Patent and Trademark Office a filing containing the information disclosed pursuant to subsection (b)(1). A patentee required to disclose information under subsection
(b)may file, under seal, information believed to be confidential, with a motion setting forth good cause for such sealing. For purposes of this section, the home address of an individual shall be considered to be confidential information. . The table of sections for chapter 29 of title 35, United States Code, is amended by inserting after the item relating to section 281 the following new items: 281A. Pleading requirements for patent infringement actions. 281B. Early disclosure requirements for patent infringement actions. . The amendments made by this section shall take effect on the date of enactment of this Act and shall apply to any action for which a complaint is filed on or after that date.