Representatives Blake Farenthold (R-Tex) and Tony Cardenas (D-Cal.) introduced a bill entitled the Trade Protection Not Troll Protection Act to prevent abusive litigation in the ITC by patent assertion entities. A summary of the bill can be found here. The proposed bill would make a number of amendments to Section 337. First, it would allow the domestic activities of the complainant’s licensees to be the basis for the complainant’s domestic industry only if such activities “lead to the adoption and development of articles that incorporate the patent, copyright, trademark, mask work, or design.” Second, it would require the Commission to conduct a preliminary inquiry before the institution of the investigation as to the existence of a domestic industry of any complaint that relies on research and development, engineering, or licensing; to accept evidence and argument from the proposed respondents and the public on domestic industry during this preliminary inquiry; and to complete such inquiry within 45 days of the filing of the complaint. Third, the bill would allow the Commission to make a public interest determination early in the investigation rather than at the end, and would add to the public interest factors (i) the ability of the complainant or its licensees to meet market demand for the protected articles and (ii) theebay equitable factors for securing an injunction in district court. There has been no activity on the bill since it was introduced.