Sec. 5. Discovery limits
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/bill/114/s/1137/is/section-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 29 of title 35, United States Code, as amended by section 4, is amended by adding at the end the following: Except as provided in subsections
(b)and (c), in a civil action arising under any Act of Congress relating to patents, discovery shall be stayed during the pendency of 1 or more motions described in paragraph
(2)if the motion or motions were filed prior to the first responsive pleading. The motions described in this paragraph are— a motion to dismiss; a motion to transfer venue; and a motion to sever accused infringers. A court may allow limited discovery necessary to resolve a motion described in subsection
(a)or a motion for preliminary relief properly raised by a party before or during the pendency of a motion described in subsection (a). On motion, a court may allow additional discovery if the court finds that such discovery is necessary to preserve evidence or otherwise prevent specific prejudice to a party. The parties to an action described in subsection
(a)may voluntarily consent to be excluded, in whole or in part, from the limitation on discovery under subsection (a). 271(e) This section shall not apply to a civil action that includes a claim for relief arising under section 271(e). Nothing in this section shall be construed to alter the time provided by the Federal Rules of Civil Procedure for the filing of responsive pleadings. Nothing in this section shall prohibit a court from ordering or local rules from requiring the exchange of contentions regarding infringement, non-infringement, invalidity or other issues, by interrogatories or other written initial disclosures, at an appropriate time determined by the court. . The table of sections for chapter 29 of title 35, United States Code, as amended by section 4, is amended by inserting after the item relating to section 299A the following: 299B. Discovery in patent infringement action. . 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.