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To address patent thickets.
Summary
This bill, titled the "Eliminating Thickets to Increase Competition Act" or "ETHIC Act," limits patent infringement lawsuits related to pharmaceutical and biological products. It prohibits patent holders from asserting more than one patent per "Patent Group" (commonly owned patents linked through disclaimer provisions) in a single infringement action against companies seeking FDA approval or making approved drugs and biological products. The bill also prevents patent holders from bringing multiple separate lawsuits asserting different patents from the same Patent Group against the same defendant. The restriction applies to applications for drug or biological product approval submitted on or after the bill's enactment date. The provision is intended to reduce "patent thickets," where multiple related patents are used to overwhelm competitors in litigation.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
9 cosponsors
- Rep. Craig, Angie [D-MN-2] (D-MN)
- Rep. Dingell, Debbie [D-MI-6] (D-MI)
- Rep. Doggett, Lloyd [D-TX-37] (D-TX)
- Rep. García, Jesús G. "Chuy" [D-IL-4] (D-IL)
- Rep. Harshbarger, Diana [R-TN-1] (R-TN)
- Rep. Issa, Darrell [R-CA-48] (R-CA)
- Rep. Jayapal, Pramila [D-WA-7] (D-WA)
- Rep. Pfluger, August [R-TX-11] (R-TX)
- Rep. Tlaib, Rashida [D-MI-12] (D-MI)
Money behind the sponsor
Top reported contributors to Jodey C. Arrington’s campaign committee (2024 cycle) — who funds the bill’s sponsor, not a claim about this bill. Data from FEC.
- CHARTER BROKERAGE LLC $28,800
- SIMFLO $19,800
- GRAIL $18,200
- NORTHSTAR ANESTHESIA $13,200
- CITY BANK $13,200
Organizations whose employees gave the most — itemized individual contributions grouped by the donor’s reported employer (FEC Schedule A). Full finance for Jodey C. Arrington → · Outside spending →
Actions (2)
- May 8, 2025 Referred to the House Committee on the Judiciary. · house
- May 8, 2025 Introduced in House
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Text versions (1)
Bills are re-published as they move (Introduced → Reported → Engrossed → Enrolled …). Each stage below is a separate text; pick two to see what changed. Data from Congress.gov.
Full text
IN THE HOUSE OF REPRESENTATIVES
May 8, 2025
Mr. Arrington (for himself, Mr. Doggett, Mr. Issa, Ms. Jayapal, and Mr. Pfluger) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To address patent thickets.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Eliminating Thickets to Increase Competition Act” or the “ETHIC Act”.
SEC. 2. ADDRESSING PATENT THICKETS.
(a) Limit on Number of Patents Per Patent Group That May Be Asserted in Action for Infringement.—Section 271(e) of title 35, United States Code, is amended by adding at the end the following:
“(7)(A) A person who brings an action for infringement of a patent under this section against a party described in subparagraph (B) may assert in the action not more than one patent per Patent Group.
“(B) A party described in this subparagraph is—
“(i) a person who—
“(I) submits an application for approval of a drug under subsection (b)(2) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), or is a holder of such an approved application; or
“(II) submits an application for licensure of a biological product under section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)), or is a holder of such a licensure; or
“(ii) a person making, using, selling, offering for sale, introducing or delivering into interstate commerce, or importing—
“(I) a drug approved pursuant to an application under subsection (b)(2) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355); or
“(II) a biological product licensed under section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)).
“(C) A person who brings an action described in subparagraph (A) asserting a patent against a party may not bring any additional actions described in that subparagraph asserting a patent in the same Patent Group against that party.
“(D)(i) For purposes of this paragraph, the term ‘Patent Group’ means 2 or more commonly owned patents or applications that—
“(I) are identified on 1 or more disclaimers under section 253 to another commonly owned patent; or
“(II) are subject to 1 or more disclaimers under section 253 to another commonly owned patent.
“(ii) For purposes of clause (i)(I)—
“(I) each patent or application that identifies the same patent or application on a disclaimer under section 253 is part of the same Patent Group; and
“(II) each patent or application that is identified on a disclaimer under section 253 is part of the same Patent Group as the patent or application subject to the disclaimer.”.
(b) Applicability.—The amendment made by subsection (a) shall apply with respect to an application submitted under subsection (b)(2) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)) on or after the date of enactment of this Act. <all>
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