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`Patent No. 7,516,484
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`Exhibit 2010
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`112TH CONGRESS
`1ST SESSION
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`S. 23
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`AN ACT
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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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`determines that the information presented in the petition
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`filed under section 311 and any response filed under sec-
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`tion 313 shows that there is a reasonable likelihood that
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`the petitioner would prevail with respect to at least 1 of
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`the claims challenged in the petition.
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`‘‘(b) TIMING.—The Director shall determine whether
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`to institute an inter partes review under this chapter with-
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`in 3 months after receiving a preliminary response under
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`section 313 or, if none is filed, within three months after
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`the expiration of the time for filing such a response.
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`‘‘(c) NOTICE.—The Director shall notify the peti-
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`tioner and patent owner, in writing, of the Director’s de-
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`termination under subsection (a), and shall make such no-
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`tice available to the public as soon as is practicable. Such
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`notice shall list the date on which the review shall com-
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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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`† S 23 ES
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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 6 months after the date on
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`which the petitioner, real party in interest, or his privy
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`is served with a complaint alleging infringement of the
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`patent. The time limitation set forth in the preceding sen-
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`tence shall not apply to a request for joinder under sub-
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`section (c).
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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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`‘‘(d) MULTIPLE PROCEEDINGS.—Notwithstanding
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`sections 135(a), 251, and 252, and chapter 30, during the
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`pendency of an inter partes review, if another proceeding
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`or matter involving the patent is before the Office, the
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`Director may determine the manner in which the inter
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`partes review or other proceeding or matter may proceed,
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`including providing for stay, transfer, consolidation, or
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`termination of any such matter or proceeding.
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`‘‘(e) ESTOPPEL.—
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`† S 23 ES
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