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Senators to Introduce Bill Restricting Huawei From Buying, Selling U.S. Patents
By Sarah Krouse & Kate O’Keefe
July 18, 2019
Wall Street Journal
 
Republican Senators plan to introduce legislation on Thursday aimed at blocking Huawei Technologies Co. from buying or selling U.S. patents in the latest congressional action targeting the Chinese telecom giant.
 
The bill sponsored by Sens. Marco Rubio (R.-Fla.) and John Cornyn (R-Texas) seeks to enable the federal government to block companies on a U.S. government trade blacklist from buying, selling or exclusively licensing U.S. patents, according to draft text reviewed by The Wall Street Journal.
 
The sponsors said the legislation is aimed at Huawei, which is aggressively pursuing U.S. patent claims and which the Commerce Department in May added to its “entity list,” citing national security concerns. The blacklist prevents companies from supplying U.S. technology to the firm without a license.
 
Huawei is pressing Verizon Communications Inc. to pay licensing fees for more than 200 of its patents, the Journal has reported. The tactic is seen by some in Washington as retaliation against U.S. policy makers’ crackdown on the Chinese firm, which is the world’s biggest telecom gear maker and has become a central sticking point in the U.S.-China trade talks.
 
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The blacklisting of Huawei rattled Chinese leaders, who want U.S. restrictions eased as a precondition for any trade agreement with the U.S. In a concession to China’s President Xi Jinping, President Trump said last month that he would allow U.S. firms to resume selling products to Huawei that don’t pose a security threat. After that, Mr. Rubio and others introduced legislation seeking to block any such relaxation of restrictions.
 
The new bill would give the federal government the power to intervene in any domestic patent infringement case involving an entity on the Commerce Department’s list.
 
When such a patent-infringement case is filed, the bill would require the company on the black list to notify the Justice Department and Patent and Trademark Office. The company would also have to provide information on the alleged infringement, the financial implications of it and the damages sought in the case.
 
Congress should stop Huawei from “using patent troll tactics and weaponizing the U.S. legal system against American companies in retaliation for the Trump administration’s efforts to protect our nation and the future of 5G,” Mr. Rubio said in a statement, referring to next-generation wireless service.
 
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