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PALS Act

USA116th CongressS-2178| Senate 
| Updated: 7/18/2019
Marco Rubio

Marco Rubio

Republican Senator

Florida

Cosponsors (1)
John Cornyn (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Prevent Abuse of the Legal System Act or the PALS Act This bill imposes restrictions on U.S. patent infringement actions and transactions involving entities covered by certain export regulations. Specifically, the bill's restrictions apply to all entities on a list maintained by the Department of Commerce under the Export Administration Regulations (EAR). Under the EAR, transfers and exports of certain items that implicate national security or foreign policy concerns are restricted when the transaction involves an entity on the list (i.e., a designated entity). In patent infringement actions involving a designated entity, the pleading alleging infringement shall (1) state with particularity the relevant facts and remedies sought, and (2) identify in detail how each patent claim is found in each allegedly infringing product or service. In such actions, a designated entity and its representatives may not obtain nonpublic technical information related to another entity's product or service, through discovery or other means. However, this restriction does not apply to a designated entity's legal counsel. A sale or exclusive license of a U.S. patent to a designated entity shall be prohibited if (1) the designated entity has not undergone a national security review; or (2) a product or service subject to the EAR would infringe the patent, unless an appropriate license is granted. Certain sales or exclusive license of a U.S. patent involving a designated entity and another foreign entity shall comply with certain antitrust provisions, including Federal Trade Commission notification requirements.
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Timeline
Jun 11, 2019

Latest Companion Bill Action

HR 116-2777
Referred to the Subcommittee on Health.
Jul 18, 2019
Introduced in Senate
Jul 18, 2019
Read twice and referred to the Committee on the Judiciary.
  • June 11, 2019

    Latest Companion Bill Action

    HR 116-2777
    Referred to the Subcommittee on Health.


  • July 18, 2019
    Introduced in Senate


  • July 18, 2019
    Read twice and referred to the Committee on the Judiciary.

Commerce

Civil actions and liabilityCompetition and antitrustEvidence and witnessesGovernment information and archivesIntellectual propertyLicensing and registrationsManufacturingTrade secrets and economic espionage

PALS Act

USA116th CongressS-2178| Senate 
| Updated: 7/18/2019
Prevent Abuse of the Legal System Act or the PALS Act This bill imposes restrictions on U.S. patent infringement actions and transactions involving entities covered by certain export regulations. Specifically, the bill's restrictions apply to all entities on a list maintained by the Department of Commerce under the Export Administration Regulations (EAR). Under the EAR, transfers and exports of certain items that implicate national security or foreign policy concerns are restricted when the transaction involves an entity on the list (i.e., a designated entity). In patent infringement actions involving a designated entity, the pleading alleging infringement shall (1) state with particularity the relevant facts and remedies sought, and (2) identify in detail how each patent claim is found in each allegedly infringing product or service. In such actions, a designated entity and its representatives may not obtain nonpublic technical information related to another entity's product or service, through discovery or other means. However, this restriction does not apply to a designated entity's legal counsel. A sale or exclusive license of a U.S. patent to a designated entity shall be prohibited if (1) the designated entity has not undergone a national security review; or (2) a product or service subject to the EAR would infringe the patent, unless an appropriate license is granted. Certain sales or exclusive license of a U.S. patent involving a designated entity and another foreign entity shall comply with certain antitrust provisions, including Federal Trade Commission notification requirements.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Jun 11, 2019

Latest Companion Bill Action

HR 116-2777
Referred to the Subcommittee on Health.
Jul 18, 2019
Introduced in Senate
Jul 18, 2019
Read twice and referred to the Committee on the Judiciary.
  • June 11, 2019

    Latest Companion Bill Action

    HR 116-2777
    Referred to the Subcommittee on Health.


  • July 18, 2019
    Introduced in Senate


  • July 18, 2019
    Read twice and referred to the Committee on the Judiciary.
Marco Rubio

Marco Rubio

Republican Senator

Florida

Cosponsors (1)
John Cornyn (Republican)

Judiciary Committee

Commerce

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Civil actions and liabilityCompetition and antitrustEvidence and witnessesGovernment information and archivesIntellectual propertyLicensing and registrationsManufacturingTrade secrets and economic espionage