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`Patent No. 7,516,484
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`Exhibit 2009
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`II
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`112TH CONGRESS
`1ST SESSION
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`S. 23
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`To amend title 35, United States Code, to provide for patent reform.
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`IN THE SENATE OF THE UNITED STATES
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`JANUARY 25 (legislative day, JANUARY 5), 2011
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`Mr. LEAHY (for himself, Mr. HATCH, Mr. GRASSLEY, Ms. KLOBUCHAR, Mr.
`SESSIONS, Mr. KYL, Mr. LIEBERMAN, and Mr. COONS) introduced the
`following bill; which was read twice and referred to the Committee on the
`Judiciary
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`A BILL
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`To amend title 35, United States Code, to provide for patent
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`reform.
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`Be it enacted by the Senate and House of Representa-
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`tives of the United States of America in Congress assembled,
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`SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
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`(a) SHORT TITLE.—This Act may be cited as the
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`‘‘Patent Reform Act of 2011’’.
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`(b) TABLE OF CONTENTS.—The table of contents for
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`this Act is as follows:
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`Sec. 1. Short title; table of contents.
`Sec. 2. First inventor to file.
`Sec. 3. Inventor’s oath or declaration.
`Sec. 4. Damages.
`Sec. 5. Post-grant review proceedings.
`Sec. 6. Patent Trial and Appeal Board.
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`VerDate Mar 15 2010 19:11 Jan 27, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S23.IS S23
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`emcdonald on DSK2BSOYB1PROD with BILLS
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`notice shall list the date on which the review shall com-
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`41
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`mence.
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`‘‘(d) NO APPEAL.—The determination by the Direc-
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`tor whether to institute an inter partes review under this
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`section shall be final and nonappealable.
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`‘‘§ 315. Relation to other proceedings or actions
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`‘‘(a) INFRINGER’S ACTION.—An inter partes review
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`may not be instituted or maintained if the petitioner or
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`real party in interest has filed a civil action challenging
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`the validity of a claim of the patent.
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`‘‘(b) PATENT OWNER’S ACTION.—An inter partes re-
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`view may not be instituted if the petition requesting the
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`proceeding is filed more than 3 months after the date on
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`which the petitioner, real party in interest, or his privy
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`is required to respond to a civil action alleging infringe-
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`ment of the patent.
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`‘‘(c) JOINDER.—If the Director institutes an inter
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`partes review, the Director, in his discretion, may join as
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`a party to that inter partes review any person who prop-
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`erly files a petition under section 311 that the Director,
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`after receiving a preliminary response under section 313
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`or the expiration of the time for filing such a response,
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`determines warrants the institution of an inter partes re-
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`view under section 314.
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`VerDate Mar 15 2010 19:11 Jan 27, 2011 Jkt 099200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S23.IS S23
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`•S 23 IS
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`emcdonald on DSK2BSOYB1PROD with BILLS
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