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mail. 20 The FTC ordered MPHJ to stop using “deceptive sales and phony legal threats” inits patent licensing demand letters.IV.Legislative and Regulatory Efforts to Curb the Certain NPEActivities.Beginning in the fall of 2013, several bills were introduced in the U.S. Congress to addresssome of the tactics of NPEs that were causing U.S. businesses concern. The InnovationAct (H.R. 3309) introduced by House Judiciary Committee Chairman Bob Goodlatte (R-Va),passed the House of Representatives but became stalled in the Senate. With the newRepublican majority in the Senate, Rep. Goodlatte and Rep. Darrell Issa (R-CA), theIntellectual Property Subcommittee Chair, have pledged to move the legislation forwardagain. The bill that passed the Congress in late 2013 had the following key features:• a requirement that the plaintiffs who are patent asserting entitles (PAEs)provide much more detail on exactly what products infringe which patentclaims• an attorney fees shifting clause that would make it easier for defendants whoprevail in the suits to recover their attorneys’ fees from the plaintiff• a limitation on core discovery from the plaintiff prior to claim construction• a customer-suit exception.The customers-suit provision allowed manufacturers and suppliers to join the lawsuits andstay the case against the customers until the other parties litigated the matter.20 In re MPHJ Tech. Invs. LLC et al, File No. 142 3003 (F.T.C., 2014).10951932.2 9

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