(c) REVIEW OF FORM 18.—Not later than 12 months 
after the date of the enactment of this Act, the Supreme 
Court shall review and amend Form 18 of the Federal 
Rules of Civil Procedure to ensure that Form 18 is con-
sistent with the requirements under section 281A of title 
35, United States Code, as added by subsection (a). 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion or the amendments made by this section shall be con-
strued to alter existing law or rules relating to joinder. 
SEC. 3. JOINDER OF INTERESTED PARTIES. 
Section 299 of title 35, United States Code, is 
amended by adding at the end the following: 
‘‘(d) JOINDER OF INTERESTED PARTIES.— 
‘‘(1) DEFINITION.—In this subsection, the term 
‘interested party’, with respect to a civil action aris-
ing under any Act of Congress relating to patents— 
‘‘(A) means a person described in para-
graph (9) or (10) of section 281A; and 
‘‘(B) does not include an attorney or law 
firm providing legal representation in the action 
if the sole basis for the financial interest of the 
attorney or law firm in the outcome of the ac-
tion arises from an agreement to provide that 
legal representation. 
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‘‘(2) JOINDER OF INTERESTED PARTIES.—In a 
civil action arising under any Act of Congress relat-
ing to patents, the court shall grant a motion by a 
party defending an infringement claim to join an in-
terested party if the defending party files the motion 
to join within 120 days after the first complaint, an-
swer, or counterclaim and shows that the interest of 
the plaintiff in any patent identified in the com-
plaint, including a claim asserted in the complaint, 
is limited primarily to asserting any such patent 
claim in litigation. 
‘‘(3) LIMITATION ON JOINDER.—The court may 
deny a motion to join an interested party under 
paragraph (2) if— 
‘‘(A) the interested party is not subject to 
service of process; or 
‘‘(B) joinder under paragraph (2) would 
deprive the court of subject matter jurisdiction 
or make venue improper.’’. 
SEC. 4. STAY OF ACTION AGAINST SECONDARY PARTIES. 
(a) IN GENERAL.—Chapter 29 of title 35, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 300. Stay of action against secondary parties 
‘‘(a) STAY OF ACTION.— 
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‘‘(1) IN GENERAL.—In any civil action arising 
under any Act of Congress relating to patents, the 
court shall grant a motion to stay all or part of the 
action as to a secondary party with respect to in-
fringement related to a primary party in the same 
or another action concerning the same apparatus, 
product, feature, device, method, system, process, 
function, act, service, or other instrumentality, in 
whole or in relevant part, of the disputed patent of 
the primary party, if— 
‘‘(A) the primary and secondary parties 
consent to the stay in writing; 
‘‘(B) the motion is filed not later than 120 
days after service of the first complaint in the 
action of the primary party that is asserted as 
the basis for the secondary party’s alleged in-
fringement; and 
‘‘(C) the secondary party agrees to be 
bound by any judgment entered against the pri-
mary party to the same extent as such primary 
party may be bound with respect to issues that 
the primary and secondary parties have in com-
mon. 
‘‘(2) TREATMENT
OF
SECONDARY
PARTY.— 
During a stay under paragraph (1), the secondary 
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party shall be treated as a nonparty to the action 
against the primary party for purposes of discovery, 
hearings, trial, or otherwise. The stay shall continue 
until such time that a final adjudication in the ac-
tion against the primary party has been entered and 
all appeals thereof exhausted. 
‘‘(b) OTHER AUTHORITY NOT AFFECTED.—Nothing 
in this section shall be construed as abrogating a court’s 
discretion to grant any stay or expand any stay granted 
pursuant to this section where otherwise permitted by law. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) PRIMARY
PARTY.—The term ‘primary 
party’ means a person who manufacturers or sup-
plies, or causes the manufacture or supply of, an ap-
paratus, product, feature, device, method, system, 
process, function, act, service, or other instrumen-
tality, in whole or in material part— 
‘‘(A) that is alleged to infringe a patent in 
dispute; or 
‘‘(B) that uses a process alleged to infringe 
a patent in dispute. 
‘‘(2) SECONDARY PARTY.—The term ‘secondary 
party’ means a party accused of infringing a patent 
in dispute based on the use, distribution, resale, or 
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consumption of a product or process by a primary 
party.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 29 of title 35, United States Code, is 
amended by adding at the end the following: 
‘‘300. Stay of action against secondary parties.’’. 
SEC. 5. STAY OF DISCOVERY. 
(a) IN GENERAL.—Chapter 29 of title 35, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 300A. Stay of discovery in patent infringement 
suits 
‘‘(a) IN GENERAL.—Except as provided in sub-
sections (b) and (c), in a civil action arising under any 
Act of Congress relating to patents— 
‘‘(1) the court shall stay discovery until after 
the court has ruled on— 
‘‘(A) any motion to dismiss the action; and 
‘‘(B) any motion to transfer venue of the 
action; and 
‘‘(2) if the court determines that a ruling relat-
ing to the construction of terms used in a patent 
claim asserted in the complaint in the action is re-
quired, the court shall stay discovery until after the 
court has made the ruling. 
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‘‘(b) EXCEPTION.—Notwithstanding subsection (a), 
the court may, in an action described in that subsection, 
allow discovery to the extent necessary for the court to 
make the ruling under paragraph (1) or (2) of that sub-
section, as the case may be. 
‘‘(c) DISCRETION TO EXPAND SCOPE OF DISCOVERY 
IN EXTRAORDINARY CIRCUMSTANCES.—If, under any pro-
vision of Federal law (including the Drug Price Competi-
tion and Patent Term Restoration Act (Public Law 98– 
417)), the court determines that extraordinary cir-
cumstances exist because resolution within a specified pe-
riod of time of a civil action arising under any Act of Con-
gress relating to patents will have an automatic impact 
upon the rights of a party with respect to the patent, the 
court may permit discovery in addition to the discovery 
authorized under subsection (b) before the ruling de-
scribed in subsection (b) as necessary to ensure timely res-
olution of the action. 
‘‘(d) PRESERVATION OF EVIDENCE.— 
‘‘(1) IN
GENERAL.—During the pendency of 
any stay of discovery under this section, unless oth-
erwise ordered by the court, any party to the action 
with actual notice of the allegations contained in the 
complaint shall treat all documents, data compila-
tions (including electronically recorded or stored 
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data), and tangible objects that are in the custody 
or control of such person and that are relevant to 
the allegations, as if they were the subject of a con-
tinuing request for production of documents from an 
opposing party under the Federal Rules of Civil Pro-
cedure. 
‘‘(2) SANCTION FOR WILLFUL VIOLATION.—A 
party aggrieved by the willful failure of an opposing 
party to comply with paragraph (1) may apply to 
the court for an order awarding appropriate sanc-
tions.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 29 of title 35, United States Code, is 
amended by adding at the end the following: 
‘‘300A. Stay of discovery in patent infringement suits.’’. 
SEC. 6. SANCTIONS FOR ABUSIVE LITIGATION. 
(a) IN GENERAL.—Chapter 29 of title 35, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 300B. Sanctions for abusive litigation 
‘‘(a) MANDATORY REVIEW BY COURT.—In any civil 
action arising under any Act of Congress relating to pat-
ents, upon final adjudication of the action, the court shall 
include in the record specific findings regarding compli-
ance by each party and each attorney representing any 
party with each requirement of Rule 11(b) of the Federal 
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Rules of Civil Procedure as to any complaint, responsive 
pleading, or dispositive motion. 
‘‘(b) SANCTIONS.—If the court makes a finding 
under subsection (a) that a party or attorney violated any 
requirement of Rule 11(b) of the Federal Rules of Civil 
Procedure as to any complaint, responsive pleading, or dis-
positive motion, the court may impose sanctions on such 
party or attorney in accordance with Rule 11 of the Fed-
eral Rules of Civil Procedure. Before making a finding 
that any party or attorney has violated Rule 11 of the 
Federal Rules of Civil Procedure, the court shall give such 
party or attorney notice and an opportunity to respond.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) TABLE OF CONTENTS.—The table of sec-
tions for chapter 29 of title 35, United States Code, 
is amended by adding at the end the following: 
‘‘300B. Sanctions for abusive litigation.’’. 
(2) AWARD
OF
ATTORNEYS
FEES
IN
EXCEP-
TIONAL
CASES.—Section 285 of title 35, United 
States Code, is amended by striking ‘‘The court’’ 
and inserting ‘‘Subject to section 300B(b), the 
court’’. 
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SEC. 7. EFFECTIVE DATE. 
This Act and the amendments made by this Act shall 
apply to civil actions commenced on or after the date of 
the enactment of this Act. 
Æ 
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