I 
118TH CONGRESS 
2D SESSION 
H. R. 6986 
To address patent thickets. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 12, 2024 
Mr. ARRINGTON (for himself, Mr. PFLUGER, Mr. ISSA, Mr. DOGGETT, Ms. 
JAYAPAL, and Mrs. DINGELL) introduced the following bill; which was re-
ferred to the Committee on the Judiciary 
A BILL 
To address patent thickets. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ADDRESSING PATENT THICKETS. 
(a) LIMIT ON NUMBER OF PATENTS PER PATENT 
GROUP THAT MAY BE ASSERTED IN ACTION FOR IN-
FRINGEMENT.—Section 271(e) of title 35, United States 
Code, is amended by adding at the end the following: 
‘‘(7)(A) A person who brings an action for infringe-
ment of a patent under this section against a party de-
scribed in subparagraph (B) may assert in the action not 
more than one patent per Patent Group. 
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‘‘(B) A party described in this subparagraph is— 
‘‘(i) a person who— 
‘‘(I) submits an application for approval of 
a drug under subsection (b)(2) or (j) of section 
505 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 355), or is a holder of such an 
approved application; or 
‘‘(II) submits an application for licensure 
of a biological product under section 351(k) of 
the Public Health Service Act (42 U.S.C. 
262(k)), or is a holder of such a licensure; or 
‘‘(ii) a person making, using, selling, offering 
for sale, introducing or delivering into interstate 
commerce, or importing— 
‘‘(I) a drug approved pursuant to an appli-
cation under subsection (b)(2) or (j) of section 
505 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 355); or 
‘‘(II) a biological product licensed under 
section 351(k) of the Public Health Service Act 
(42 U.S.C. 262(k)). 
‘‘(C) A person who brings an action described in sub-
paragraph (A) asserting a patent against a party may not 
bring any additional actions described in that subpara-
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graph asserting a patent in the same Patent Group 
against that party. 
‘‘(D)(i) For purposes of this paragraph, the term 
‘Patent Group’ means 2 or more commonly owned patents 
or applications that— 
‘‘(I) are identified on 1 or more disclaimers 
under section 253 to obviate obviousness-type double 
patenting of another commonly owned patent; or 
‘‘(II) are subject to 1 or more disclaimers under 
section 253 to obviate obviousness-type double pat-
enting of another commonly owned patent. 
‘‘(ii) For purposes of clause (i)(I)— 
‘‘(I) each patent or application that identifies 
the same patent or application on a disclaimer under 
section 253 is part of the same Patent Group; and 
‘‘(II) each patent or application that is identi-
fied on a disclaimer under section 253 is part of the 
same Patent Group as the patent or application sub-
ject to the disclaimer.’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply with respect to an application sub-
mitted under subsection (b)(2) or (j) of section 505 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) 
or section 351(k) of the Public Health Service Act (42 
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U.S.C. 262(k)) on or after the date of enactment of this 
Act. 
Æ 
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