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'''Section 3'''
====Pleading Requirements====
The party alleging patent infringement must include in the initial complaint (unless the information is not reasonably accessible to such party):
*Identification of each patent allegedly infringed
*All claims (heart of the patent, defines the limits of exactly what the patent does) necessary to produce the identification of each process, machine, manufacture, or composition of matter (accused instrumentalities) that infringe the patent
*The name, model number, description of each AI
*How each limitation of each claim is met by the AI
*For indiret infringement, the acts of the infringer that are inducing a direct infringement
*Authority of the party to assert each patent
TL;DR If you believe your patent has been infringed on, you must write in your initial complaint letter VERY SPECIFIC information regarding exactly which parts of your patents have been violated and by what model/device.
====Fees and Other Expenses====
"Requires courts to award prevailing parties reasonable fees and other expenses incurred in connection with such actions, unless:
(1) the position and conduct of the nonprevailing party was reasonably justified in law and fact; or
(2) special circumstances, such as severe economic hardship to a named inventor, make an award unjust.
Directs courts, upon a motion of a party, to require another party to certify whether it will be able to pay any award of such fees and expenses. Allows the court, if a nonprevailing party is unable to pay such a fee, to make a joined party liable for the unsatisfied portion.
Subjects a party claiming a patent in a civil action who subsequently unilaterally seeks dismissal of the action without consent of the other party, and who extends to such other party a covenant not to sue for infringement, to a motion for attorney's fees as if it were a nonprevailing party, unless:
(1) the party asserting such claim would have been entitled, at the time that such covenant was extended, to dismiss voluntarily the action without a court order; or
(2) the interests of justice require otherwise.
Removes a provision that prohibits a patent from being deemed invalid based on novelty, prior art, or nonobvious subject matter solely because a defense is raised or established based on prior commercial use."[https://www.govtrack.us/congress/bills/114/hr9/summary]
TL;DR Encourages courts to make the losers pay for the winner’s court fees/associated fees
====Joinder of Interested Parties====
*If the prevailing party is the side defending against an allegation of infringement, and the nonprevailing party can’t pay the award of fees and expenses, then the prevailing party can signal a motion to have a joinder of interested parties, if they show that the nonprevailing party has no substantial interest in the subject matter
**Substantial interest is defined as interest if the party invented the subject matter or commercially practices, made substantial preparations directed particularly to commercially practicing, or is engaged in R&D in the subject matter
====Discovery Stay====
"Establishes procedures to stay discovery pending a preliminary motion, subject to exceptions for: (1) motions to sever, drop a party, dismiss, or transfer; (2) actions in which a patentee is granted a preliminary injunction to prevent competitive harm; (3) consent of the parties; or (4) certain drug and biological product applications."[https://www.govtrack.us/congress/bills/114/hr9/summary]
===Demand Letters===
“The bill precludes a plaintiff from relying on pre-suit demand letters to establish willful infringement if the letters do not specify the asserted patent, the accused product, the plaintiff’s ultimate parent entity, and the grounds for the alleged infringement” [http://www.mofo.com/~/media/Files/ClientAlert/2015/05/150507ProposedPatentReformLegislation.pdf]
===Venue===
Amends the federal judicial code to restrict the venues where patent actions may be brought to judicial districts where:
the defendant has its principal place of business or is incorporated, has committed an act of infringement and has a regular and established physical facility that gives rise to the act of infringement, or has agreed or consented to be sued in the instant action; an inventor named on the patent conducted research or development; or a party has a regular and established physical facility and has managed significant research and development for the invention claimed in the patent, has manufactured a tangible product alleged to embody that invention, or has implemented a manufacturing process for a tangible good in which the process is alleged to embody the invention.[https://www.govtrack.us/congress/bills/114/hr9/summary]
no edit summary
==Provisions==
'''Section 3'''
====Pleading Requirements====
The party alleging patent infringement must include in the initial complaint (unless the information is not reasonably accessible to such party):
*Identification of each patent allegedly infringed
*All claims (heart of the patent, defines the limits of exactly what the patent does) necessary to produce the identification of each process, machine, manufacture, or composition of matter (accused instrumentalities) that infringe the patent
*The name, model number, description of each AI
*How each limitation of each claim is met by the AI
*For indiret infringement, the acts of the infringer that are inducing a direct infringement
*Authority of the party to assert each patent
TL;DR If you believe your patent has been infringed on, you must write in your initial complaint letter VERY SPECIFIC information regarding exactly which parts of your patents have been violated and by what model/device.
====Fees and Other Expenses====
"Requires courts to award prevailing parties reasonable fees and other expenses incurred in connection with such actions, unless:
(1) the position and conduct of the nonprevailing party was reasonably justified in law and fact; or
(2) special circumstances, such as severe economic hardship to a named inventor, make an award unjust.
Directs courts, upon a motion of a party, to require another party to certify whether it will be able to pay any award of such fees and expenses. Allows the court, if a nonprevailing party is unable to pay such a fee, to make a joined party liable for the unsatisfied portion.
Subjects a party claiming a patent in a civil action who subsequently unilaterally seeks dismissal of the action without consent of the other party, and who extends to such other party a covenant not to sue for infringement, to a motion for attorney's fees as if it were a nonprevailing party, unless:
(1) the party asserting such claim would have been entitled, at the time that such covenant was extended, to dismiss voluntarily the action without a court order; or
(2) the interests of justice require otherwise.
Removes a provision that prohibits a patent from being deemed invalid based on novelty, prior art, or nonobvious subject matter solely because a defense is raised or established based on prior commercial use."[https://www.govtrack.us/congress/bills/114/hr9/summary]
TL;DR Encourages courts to make the losers pay for the winner’s court fees/associated fees
====Joinder of Interested Parties====
*If the prevailing party is the side defending against an allegation of infringement, and the nonprevailing party can’t pay the award of fees and expenses, then the prevailing party can signal a motion to have a joinder of interested parties, if they show that the nonprevailing party has no substantial interest in the subject matter
**Substantial interest is defined as interest if the party invented the subject matter or commercially practices, made substantial preparations directed particularly to commercially practicing, or is engaged in R&D in the subject matter
====Discovery Stay====
"Establishes procedures to stay discovery pending a preliminary motion, subject to exceptions for: (1) motions to sever, drop a party, dismiss, or transfer; (2) actions in which a patentee is granted a preliminary injunction to prevent competitive harm; (3) consent of the parties; or (4) certain drug and biological product applications."[https://www.govtrack.us/congress/bills/114/hr9/summary]
===Demand Letters===
“The bill precludes a plaintiff from relying on pre-suit demand letters to establish willful infringement if the letters do not specify the asserted patent, the accused product, the plaintiff’s ultimate parent entity, and the grounds for the alleged infringement” [http://www.mofo.com/~/media/Files/ClientAlert/2015/05/150507ProposedPatentReformLegislation.pdf]
===Venue===
Amends the federal judicial code to restrict the venues where patent actions may be brought to judicial districts where:
the defendant has its principal place of business or is incorporated, has committed an act of infringement and has a regular and established physical facility that gives rise to the act of infringement, or has agreed or consented to be sued in the instant action; an inventor named on the patent conducted research or development; or a party has a regular and established physical facility and has managed significant research and development for the invention claimed in the patent, has manufactured a tangible product alleged to embody that invention, or has implemented a manufacturing process for a tangible good in which the process is alleged to embody the invention.[https://www.govtrack.us/congress/bills/114/hr9/summary]
==Why it Hasn't been passed==
===Detailed Summary of the Bill===
==References==
<ref name="GovTrack"> [https://www.govtrack.us/congress/bills/114/hr9#] 'H.R.9:Innovation Act', ''govtrack.us''. </ref>
