HR 243
112th CONGRESS
1st Session
H. R. 243
To amend title 35, United States Code, to modify the penalty for
false marking, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 7, 2011
Mr. LATTA introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To amend title 35, United States Code, to modify the penalty for
false marking, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Patent Lawsuit Reform Act of 2011'.
SEC. 2. FALSE MARKING.
(a) In General- Section 292 of title 35, United States Code, is amended--
(A) in the second undesignated paragraph, by striking `any unpatented
article' and inserting `unpatented articles';
(B) in the third undesignated paragraph, by striking `any article' and
inserting `one or more articles'; and
(C) , by striking `$500 for every such offense' and inserting `$500, in
the aggregate, for all offenses in connection with such articles'; and
(2) by amending subsection (b) to read as follows:
`(b) A person who has suffered a competitive injury as a result of a violation
of this section may bring a civil action in the appropriate district court
of the United States against the person violating this section for recovery
of not more than $500 in damages to compensate for the injury.'.
(b) Effective Date- The amendments made by this section shall apply to any
case pending on the date of the enactment of this Act, and to any case commenced
on or after such date of enactment.
END