The CLEAR Act protects retail stores and their customers from patent infringement lawsuits by requiring courts to pause cases against these parties when the actual manufacturer of the accused product is already involved in a separate patent lawsuit. Under the bill, retailers and end users can request a stay (pause) of legal action against them if they agree to be bound by the outcome of the manufacturer's case and waive certain legal defenses. The stay can be lifted only if the court determines the manufacturer cannot pay any damages award, in which case retailers or customers may need to post a bond. The law applies immediately to all new patent lawsuits filed after its enactment, with retailers and customers having up to six months after the accused product is identified to request the stay. This legislation aims to reduce the burden of patent litigation on businesses and consumers by focusing infringement disputes on the companies that actually make the products rather than the stores that sell them or the people who use them.
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