Tillis sponsors bipartisan Defending American Courts Act

U.S. Sen. Thom Tillis (R-NC) recently proposed bipartisan legislation to protect America’s intellectual property from being stolen by China, which seeks to bar the ability to litigate patent rights within the United States.

Recently, Chinese courts have increasingly issued so-called anti-suit injunctions that limit the ability of American companies to file or maintain claims related to patent infringement in U.S. courts or the International Trade Commission, according to Sen. Tillis.

“The Chinese Communist Party’s attempt to make Chinese courts the world arbiter of intellectual property must be stopped. Their attempt has one goal in mind: to steal U.S. inventions and technology,” Sen. Tillis said on March 10. “The use of so-called anti-suit injunctions is an insult to American companies and the rule of law.”

Sen. Tillis on March 8 sponsored the Defending American Courts Act, S. 3772, with four original cosponsors, including U.S. Sen. Chris Coons (D-DE), to limit foreign interference regarding the right to file and maintain a patent infringement claim, according to the text of the bill.

If enacted, S. 3772 would impose disincentives for bad actors seeking to enforce a foreign anti-suit injunction in the U.S., according to a bill summary provided by Sen. Tillis’ office, and prohibit them from seeking review of the relevant patent at the Patent Trial and Appeal Board.

If a bad actor is found to have infringed the patent, the bill would require certain presumptions that make enhanced damages and attorney fees more likely, the summary says, and would require the U.S. Patent and Trademark Office to perform a study of the harms resulting from these anti-suit injunctions. 

“American companies have every right to challenge patent infringement from Chinese companies, and any effort by the Chinese courts to invalidate these challenges hurts American companies and workers,” said Sen. Tillis. “I am proud to introduce this bipartisan legislation to protect American innovation and the sovereignty of our court system.” 

The bill has been referred to the U.S. Senate Judiciary Committee for consideration.