Bipartisan Senate Bill Targets Chinese IP Theft

A bipartisan group of senators filed a bill Thursday meant, they said, to “prevent China from stealing intellectual property from American companies through their corrupt court system.” Introduced by Sens. Thom Tillis, R-N.C.; Chris Coons, D-Del.; Tom Cotton, R-Ark.; Mazie Hirono, D-Hawaii; and Rick Scott, R-Fla., the Defending American Courts Act targets China’s use of anti-suit injunctions, which “limit the ability of American companies to file or maintain claims related to patent infringement in U.S. courts or the International Trade Commission.” The bill bans “bad actors” from seeking review of the relevant patent at the Patent Trial and Appeal Board, and “if they are found to have infringed the patent, the bill requires certain presumptions that make enhanced damages and attorney fees more likely.”