I 
119TH CONGRESS 
2D SESSION 
H. R. 7140 
To protect main street retailers and end users in secondary patent actions, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 16, 2026 
Ms. LEE of Florida (for herself and Ms. LOFGREN) introduced the following 
bill; which was referred to the Committee on the Judiciary 
A BILL 
To protect main street retailers and end users in secondary 
patent actions, 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. 
This Act may be cited as the ‘‘Customer Legal Ease 
and Relief Act’’ or the ‘‘CLEAR Act’’. 
SEC. 2. STAY OF ACTION AGAINST RETAILER OR END USER. 
(a) AMENDMENT.—Chapter 29 of title 35, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘§ 299A. Stay of action against retailer or end user 
‘‘(a) ENTRY OF STAY.—In a civil action in which a 
party asserts a claim for relief for infringement of a pat-
ent, the court shall grant a motion to stay at least the 
portion of the action against a retailer or end user of an 
accused instrumentality if— 
‘‘(1) the manufacturer of the accused instru-
mentality is a party to the action or a separate ac-
tion involving the patent and the accused instrumen-
tality; 
‘‘(2) the retailer or end user does not manufac-
ture, assemble, integrate, or transform the accused 
instrumentality or a relevant part thereof; 
‘‘(3) the retailer or end user agrees that if a 
final judgment on the merits is entered in the action 
to which the manufacturer is a party, for any future 
action involving the same accused instrumentality 
supplied by the same manufacturer, the retailer or 
end user— 
‘‘(A) waives all defenses under section 
282(b); and 
‘‘(B) is bound by any issue decided in the 
action to which the manufacturer is a party; 
and 
‘‘(4) the retailer or end user agrees to be bound 
by any injunction issued with respect to the accused 
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instrumentality in the action to which the manufac-
turer is a party. 
‘‘(b) LIFT OF STAY.—A stay entered under this sec-
tion shall be lifted upon a showing that the manufacturer 
cannot be made to satisfy a damages judgment. 
‘‘(c) BOND OR ESCROW.—The court may conduct an 
initial hearing or inquiry to determine if the manufacturer 
can be made to satisfy a damages judgment. If the court 
determines that there is a substantial likelihood that the 
manufacturer will not satisfy a damages judgment, the 
court may require the retailer or end user to post a bond 
or place funds or other property in escrow. 
‘‘(d) STIPULATION AS TO USE OF ACCUSED INSTRU-
MENTALITY.—The court may, as necessary in view of an 
infringement claim against the manufacturer, require the 
end user or retailer to stipulate as to the extent of the 
use of the accused instrumentality and allow limited dis-
covery as to such use. 
‘‘(e) TIME LIMIT.—A motion for a stay under this 
section shall be filed not later than the later of— 
‘‘(1) six months after the service of the first 
pleading or paper in the action that specifically iden-
tifies the accused instrumentality and how the ac-
cused instrumentality is alleged to infringe the pat-
ent; 
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‘‘(2) six months after the date on which the 
manufacturer becomes a party to an action involving 
the patent and the accused instrumentality; or 
‘‘(3) the entry of the first scheduling order in 
the case. 
‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to limit the discretion of a court 
to enter a stay under other authority. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) ACCUSED INSTRUMENTALITY.—The term 
‘accused instrumentality’ means a product, or an in-
strumentality that implements a process, that is a 
material part of the claimed invention. 
‘‘(2) AFFILIATE.—The term ‘affiliate’ means 
any entity that controls, is controlled by, or is under 
common control of another entity. 
‘‘(3) END USER.—The term ‘end user’ means 
an entity that does not use the accused instrumen-
tality other than for the ordinary and intended pur-
pose of the instrumentality and that does not direct, 
obligate, or induce the manufacturer to make the ac-
cused instrumentality. 
‘‘(4) MANUFACTURER.—The term ‘manufac-
turer’ means an entity that makes, assembles, inte-
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grates, transforms, or supplies the accused instru-
mentality. 
‘‘(5) RETAILER.—The term ‘retailer’ means an 
entity 
that 
generates 
revenues 
predominantly 
through the sale to the public of consumer goods or 
services, or an affiliate of such entity.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 29 of title 35, United 
States Code, is amended by adding at the end the fol-
lowing new item: 
‘‘Sec. 299A. Stay of action against retailer or end user.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this Act shall take effect on the date of the enactment 
of this Act and shall apply to any action for which a com-
plaint is served on and after such effective date. 
Æ 
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