I 
113TH CONGRESS 
1ST SESSION H. R. 2639 
To amend title 35, United States Code, to add procedural requirements 
for patent infringement suits, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 10, 2013 
Mr. JEFFRIES (for himself and Mr. FARENTHOLD) introduced the following 
bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend title 35, United States Code, to add procedural 
requirements for patent infringement suits, 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 ‘‘Patent Litigation and 
Innovation Act of 2013’’. 
SEC. 2. PLEADING REQUIREMENTS. 
(a) IN GENERAL.—Chapter 29 of title 35, United 
States Code, is amended by inserting after section 281 the 
following: 
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‘‘§ 281A. Pleading requirements for patent infringe-
ment actions 
‘‘In a civil action arising under any Act of Congress 
relating to patents, a party alleging infringement shall in-
clude in the initial complaint, counterclaim, or cross-claim 
for patent infringement— 
‘‘(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 identified 
under paragraph (3), an identification with particu-
larity, if known, of— 
‘‘(A) the name or model number of the ac-
cused instrumentality; and 
‘‘(B) the name of each accused method, 
system, process, function, act, or service, or the 
name or model number of each apparatus, 
product, feature, or device that, when used, al-
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legedly results in the practice of the claimed in-
vention; 
‘‘(5) for each accused instrumentality identified 
under paragraph (3), an explanation of— 
‘‘(A) where each element of each asserted 
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 asserted claim identified under 
paragraph (2) correspond to the functionality of 
the accused 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— 
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‘‘(A) patent identified under paragraph 
(1); and 
‘‘(B) patent claim identified in paragraph 
(2); 
‘‘(8) a description of the principal business of 
the party alleging infringement; 
‘‘(9) the identity of any person, other than the 
party alleging infringement, who is known to the 
party alleging infringement, and who— 
‘‘(A) owns or co-owns a patent identified 
under paragraph (1); 
‘‘(B) is the assignee of a patent identified 
under paragraph (1); or 
‘‘(C) is an exclusive licensee to a patent 
identified under paragraph (1); and 
‘‘(10) the identity of any person, other than the 
party alleging infringement, who is known to the 
party alleging infringement, and who has a legal or 
financial right to enforce a patent identified under 
paragraph (1).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 29 of title 35, United 
States Code, is amended by inserting after the item relat-
ing to section 281 the following: 
‘‘281A. Pleading requirements for patent infringement actions.’’. 
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