Representatives Suzan DelBene (D-Wash.) and David Schweikert
(R-Ariz.) have reintroduced the Advancing America's Interests
Act, or H.R. 8037, which seeks to curb the ability of
non-practicing entities ("NPEs") to obtain exclusion
orders at the ITC. The bill was previously proposed last
summer, but did not make it out of the House Committee on Ways and
Means.
Among other things, the bill would amend section 337 to require
that (1) third-party licensees relied on by NPEs to satisfy the
domestic industry requirement join the complaint (but not compel
third-party licensees to do so), (2) a license can only be used to
establish a domestic industry if it "leads to the adoption and
development of articles that incorporate that patent, copyright,
trademark, mask work, or design," and (3) the Commission only
issue exclusion orders if it affirmatively determines that doing so
is in the public interest.
