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Bill116th CongressFiled Feb 12, 2019Commerce
S. 440

PACED Act

Bill journey · stage 2 of 5

Under committee review

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What it doesSummary reported to senate (Jun 28, 2019)

Preserving Access to Cost Effective Drugs Act or the PACED Act

This bill prohibits patent owners from asserting tribal sovereign immunity as a defense in certain proceedings before the U.S. Patent and Trademark Office, including patent validity challenge proceedings before the Patent Trial and Appeal Board (PTAB). The prohibition also applies to court actions and proceedings before the International Trade Commission.

Sovereign immunity for foreign states shall apply in the PTAB as it applies in federal court. The abrogation of sovereign immunity shall not apply to states or institutions of higher education (i.e., public state universities and institutions).

What just happenedJun 28, 2019

Placed on Senate Legislative Calendar under General Orders. Calendar No. 129.

Who’s behind it

Sen. Cotton, Tom [R-AR](R-AR)Sponsor
2 cosponsors2 R
Read on Congress.gov
2cosponsors1committees6actions7subjects
  1. Jun 28, 2019Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 129.

  2. Jun 28, 2019Committee

    Committee on the Judiciary. Reported by Senator Graham with an amendment in the nature of a substitute. Without written report.

    Judiciary Committee
  3. Jun 28, 2019Committee14000

    Committee on the Judiciary. Reported by Senator Graham with an amendment in the nature of a substitute. Without written report.

    Judiciary Committee
  4. Jun 27, 2019Committee

    Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  5. Feb 12, 2019IntroReferral

    Read twice and referred to the Committee on the Judiciary.

    Judiciary Committee
  6. Feb 12, 2019IntroReferral10000

    Introduced in Senate

Reported to SenateJun 28, 201925

Preserving Access to Cost Effective Drugs Act or the PACED Act

This bill prohibits patent owners from asserting tribal sovereign immunity as a defense in certain proceedings before the U.S. Patent and Trademark Office, including patent validity challenge proceedings before the Patent Trial and Appeal Board (PTAB). The prohibition also applies to court actions and proceedings before the International Trade Commission.

Sovereign immunity for foreign states shall apply in the PTAB as it applies in federal court. The abrogation of sovereign immunity shall not apply to states or institutions of higher education (i.e., public state universities and institutions).

Introduced in SenateFeb 12, 2019

Preserving Access to Cost Effective Drugs Act or the PACED Act

This bill prohibits patent owners from asserting tribal sovereign immunity as a defense in certain proceedings before the U.S. Patent and Trademark Office, including patent validity challenge proceedings before the Patent Trial and Appeal Board (PTAB). The prohibition also applies to court actions and proceedings before the International Trade Commission.

Sovereign immunity for foreign states shall apply in the PTAB as it applies in federal court.

PACED Act — Informed