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1 1 (July 18, 2019)

handle is hein.congrec/pacedact0001 and id is 1 raw text is: Congressional Budget Office Cost Estimate July 18, 2019 By Fiscal Year, Millions of Dollars 2019 2019-2024 2019-2029 Direct Spending (Outlays) Revenues Deficit Effect 0 0 0 0 0 0 0 0 0 S. 440 would prohibit patent owners from asserting that they have tribal sovereign immunity during a variety of proceedings held by the Patent and Trademark Office's (PTO) Patent Trial and Appeal Board (PTAB), including inter partes review (IPR). IPRs are procedures for challenging the validity of a patent. The bill also would prohibit patent owners from asserting tribal sovereign immunity as a defense in any International Trade Commission (ITC) proceedings and certain patent infringement proceedings. CBO expects that enacting S. 440 would not affect the federal budget. On April 15, 2019, the Supreme Court left in place a ruling by the Court of Appeals for the Federal Circuit, which affirmed that tribal sovereign immunity does not prevent PTAB from carrying out IPR proceedings to decide the validity of patents. CBO anticipates that the legal rationale underlying that decision would apply to other types of patent review proceedings and patent cases heard by the ITC as well. Because tribal sovereign immunity is not a valid defense under current law, CBO expects that enacting S. 440 would not affect drug prices, federal spending on patented drugs, or the administrative costs of the PTO or the ITC. The CBO staff contact for this estimate is David Hughes. The estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. See also CBO's Cost Estimates Explained, www.cbo.gov/publication/54437; How CBO Prepares Cost Estimates, www.cbo.gov/publication/53519; and Glossary, www.cbo.gov/publication/42904.

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