I 

113TH CONGRESS 

1ST SESSION H. R. 3736 

To provide that certain uses of a patent or copyright in compliance with 

an order of the Federal Communications Commission for emergency 

communications services shall be construed as use or manufacture for 

the United States. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 12, 2013 

Ms. DEGETTE (for herself and Mr. FARENTHOLD) introduced the following 

bill; which was referred to the Committee on the Judiciary 

A BILL 

To provide that certain uses of a patent or copyright in 

compliance with an order of the Federal Communications 

Commission for emergency communications services shall 

be construed as use or manufacture for the United 

States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protect Advanced 

5 Communications for Emergency Services Act of 2013’’ or 

6 the ‘‘PACES Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) there are an estimated 302,000,000 active 

4 wireless mobile device users in the United States 

5 with an estimated 51,000,000 people in the United 

6 States living in households that rely solely on wire7 less communication devices (almost 25 percent of 

8 households in the United States), of which 

9 21,000,000 are children; 

10 (2) people in the United States make more than 

11 300,000 wireless E–9–1–1 (enhanced 9–1–1) calls 

12 daily; 

13 (3) a majority of 9–1–1 calls now originate 

14 from mobile devices, making an advanced wireless 

15 9–1–1 service system a critical national asset for law 

16 enforcement, homeland security, and emergency re17 sponders who rely on this wireless location-based in18 formation to effectively dispatch assistance; 

19 (4) the Federal Communications Commission 

20 mandates all wireless phone carriers and IP-enabled 

21 voice service providers to provide services enabling 

22 users to dial 9–1–1 with a stated purpose of allow23 ing government first responders, homeland security, 

24 police, fire and other government public safety offi25 cials the ability to accurately locate 9–1–1 callers 

26 using wireless devices; 


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1 (5) the growing reliance of the people of the 

2 United States and public safety, homeland security, 

3 and law enforcement officials on emerging wireless 

4 technologies is leading to the need for national text 

5 to 9–1–1, as well as picture and video 9–1–1 capa6 bilities from mobile devices; 

7 (6) emerging technologies can be a critical com8 ponent of the end-to-end communications infrastruc9 ture connecting the public with emergency medical 

10 service providers and emergency dispatch providers, 

11 public safety, fire service, and law enforcement offi12 cials, and hospital emergency and trauma care facili13 ties, to reduce emergency response times and provide 

14 appropriate care; 

15 (7) improved public safety remains an impor16 tant public health objective of Federal, State, and 

17 local governments and substantially facilitates inter18 state and foreign commerce; 

19 (8) wireless carriers and their vendors, in com20 plying with the Federal mandate to provide E–9–1– 

21 1 location-based technology, have become targets of 

22 or been impacted by patent infringement lawsuits; 

23 (9) patent infringement lawsuits brought by 

24 what the Federal Trade Commission has termed 

25 ‘‘Patent Assertion Entities’’ are— 


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1 (A) compromising the ability of wireless 

2 carriers to provide current wireless 9–1–1 serv3 ices; and 

4 (B) deterring the implementation of inno5 vative new technologies that could meet next 

6 generation 9–1–1 public safety needs such as 

7 text, picture, and video 9–1–1 capabilities; 

8 (10) section 1498 of title 28, United States 

9 Code, was designed to protect those required by the 

10 Government to provide a service ‘‘by or for the 

11 United States’’ while also providing legitimate pat12 ent holders with an appropriate means to recover 

13 reasonable and entire compensation for their pat14 ents; 

15 (11) this Act clarifies that patented tech16 nologies required to provide 9–1–1, enhanced 9–1– 

17 1, and other emergency communications services, as 

18 defined in section 7 of the Wireless Communications 

19 and Public Safety Act of 1999 (47 U.S.C. 615b), 

20 are provided by and for the United States and with 

21 the authorization or consent of the United States for 

22 the purposes of section 1498 of title 28, United 

23 States Code; and 


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1 (12) this Act does not modify or invalidate any 

2 patent, preserves all patent claims, and does not pre3 vent patent litigation. 

4 SEC. 3. JURISDICTION FOR CLAIMS REGARDING OTHER 

5 EMERGENCY SERVICES. 

6 Section 1498 of title 28, United States Code, is 

7 amended by adding at the end the following: 

8 ‘‘(f) JURISDICTION FOR CLAIMS REGARDING 9–1–1, 

9 ENHANCED 9–1–1, OR OTHER EMERGENCY COMMUNICA10 TIONS SERVICE.—Beginning after the date of enactment 

11 of this subsection, any action under section 271 of title 

12 35 against a wireless carrier subject to section 20.18 of 

13 title 47, Code of Federal Regulations, or any successor 

14 thereto, or an IP-enabled voice service provider subject to 

15 section 6(a) of the Wireless Communications and Public 

16 Safety Act of 1999 (47 U.S.C. 615a–1(a)), regarding the 

17 provision of 9–1–1, enhanced 9–1–1, or other emergency 

18 communications service (as defined in section 7 of the 

19 Wireless Communications and Public Safety Act of 1999 

20 (47 U.S.C. 615b)), shall be filed in accordance with this 

21 section.’’. 

Æ 


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