I 
113TH CONGRESS 
1ST SESSION H. R. 3309 
To amend title 35, United States Code, and the Leahy-Smith America Invents 
Act to make improvements and technical corrections, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 23, 2013 
Mr. GOODLATTE (for himself, Mr. DEFAZIO, Mr. COBLE, Ms. LOFGREN, Mr. 
SMITH of Texas, Ms. ESHOO, Mr. CHAFFETZ, Mr. BACHUS, Mr. MARINO, 
Mr. FARENTHOLD, and Mr. HOLDING) introduced the following bill; 
which was referred to the Committee on the Judiciary 
A BILL 
To amend title 35, United States Code, and the Leahy- 
Smith America Invents Act to make improvements and 
technical corrections, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Innovation Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Patent infringement actions. 
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Sec. 4. Transparency of patent ownership. 
Sec. 5. Customer-suit exception. 
Sec. 6. Procedures and practices to implement and recommendations to the Ju-
dicial Conference. 
Sec. 7. Small business education, outreach, and information access. 
Sec. 8. Studies on patent transactions, quality, and examination. 
Sec. 9. Improvements and technical corrections to the Leahy-Smith America In-
vents Act. 
Sec. 10. Effective date. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) DIRECTOR.—The term ‘‘Director’’ means 
the Under Secretary of Commerce for Intellectual 
Property and Director of the United States Patent 
and Trademark Office. 
(2) OFFICE.—The term ‘‘Office’’ means the 
United States Patent and Trademark Office. 
SEC. 3. PATENT INFRINGEMENT ACTIONS. 
(a) PLEADING REQUIREMENTS.— 
(1) AMENDMENT.—Chapter 29 of title 35, 
United States Code, is amended by inserting after 
section 281 the following: 
‘‘§ 281A. Pleading requirements for patent infringe-
ment actions 
‘‘(a) PLEADING REQUIREMENTS.—Except as pro-
vided in subsection (b), in a civil action in which a party 
asserts a claim for relief arising under any Act of Con-
gress relating to patents, a party alleging infringement 
shall include in the initial complaint, counterclaim, or 
cross-claim for patent infringement, unless the informa-
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tion is not reasonably accessible to such party, the fol-
lowing: 
‘‘(1) An identification of each patent allegedly 
infringed. 
‘‘(2) An identification of each claim of each pat-
ent identified under paragraph (1) that is allegedly 
infringed. 
‘‘(3) For each claim identified under paragraph 
(2), an identification of each accused apparatus, 
product, feature, device, method, system, process, 
function, act, service, or other instrumentality (re-
ferred to in this section as an ‘accused instrumen-
tality’) alleged to infringe the claim. 
‘‘(4) For each accused instrumentality identi-
fied under paragraph (3), an identification with par-
ticularity, if known, of— 
‘‘(A) the name or model number of each 
accused instrumentality; or 
‘‘(B) if there is no name or model number, 
a description of each accused instrumentality 
that, when used, allegedly results in the prac-
tice of the claimed invention. 
‘‘(5) For each accused instrumentality identi-
fied under paragraph (3), an explanation of— 
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‘‘(A) where each element of each claim 
identified under paragraph (2) is found within 
the accused instrumentality; 
‘‘(B) whether each such element is in-
fringed literally or under the doctrine of equiva-
lents; and 
‘‘(C) with detailed specificity, how the 
terms in each claim identified under paragraph 
(2) correspond to the functionality of the ac-
cused instrumentality. 
‘‘(6) For each claim that is alleged to have been 
infringed indirectly, a description of— 
‘‘(A) the direct infringement; 
‘‘(B) any person alleged to be a direct in-
fringer known to the party alleging infringe-
ment; and 
‘‘(C) the acts of the alleged indirect in-
fringer that contribute to or are inducing the 
direct infringement. 
‘‘(7) A description of the right of the party al-
leging infringement to assert each— 
‘‘(A) patent identified under paragraph 
(1); and 
‘‘(B) patent claim identified under para-
graph (2). 
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‘‘(8) A description of the principal business of 
the party alleging infringement. 
‘‘(9) A list of each complaint filed, of which the 
party alleging infringement has knowledge, that as-
serts or asserted any of the patents identified under 
paragraph (1). 
‘‘(10) For each patent identified under para-
graph (1), whether such patent has been specifically 
declared as essential, potentially essential, or having 
potential to become essential to any standard-setting 
body, and whether the United States Government or 
a foreign government has imposed specific licensing 
requirements with respect to such patent. 
‘‘(b) INFORMATION NOT READILY ACCESSIBLE.—A 
party required to disclose the information described under 
subsection (a) shall include with such disclosure a descrip-
tion of any information described under subsection (a) 
that is not disclosed, why such undisclosed information 
was not readily accessible, and the efforts made by such 
party to access such undisclosed information. 
‘‘(c) CONFIDENTIAL INFORMATION.—For good cause 
shown by a party required to disclose the information de-
scribed under subsection (a), the court may allow certain 
information that the court determines to be confidential 
to be filed under seal. 
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‘‘(d) EXEMPTION.—A civil action that includes a 
claim for relief arising under section 271(e)(2) shall not 
be subject to the requirements of subsection (a).’’. 
(2) CONFORMING AMENDMENT.—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 item: 
‘‘281A. Pleading requirements for patent infringement actions.’’. 
(b) FEES AND OTHER EXPENSES.— 
(1) AMENDMENT.—Section 285 of title 35, 
United States Code, is amended to read as follows: 
‘‘§ 285. Fees and other expenses 
‘‘(a) AWARD.—The court shall award, to a prevailing 
party, reasonable fees and other expenses incurred by that 
party in connection with a civil action in which any party 
asserts a claim for relief arising under any Act of Con-
gress relating to patents, unless the court finds that the 
position of the nonprevailing party or parties was substan-
tially justified or that special circumstances make an 
award unjust. 
‘‘(b) RECOVERY.—If a nonprevailing party is unable 
to pay reasonable fees and other expenses awarded by the 
court pursuant to subsection (a), the court may make the 
reasonable fees and other expenses recoverable against any 
interested party joined pursuant to section 299(d). 
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