text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Protecting American Trade Secrets 
  and Innovation Act of 2012''.
  
  SEC. 2. FEDERAL JURISDICTION FOR THEFT OF TRADE SECRETS.
  
      (a) In General.--Section 1836 of title 18, United States Code, is 
  amended to read as follows:
  ``Sec. 1836. Civil proceedings
      ``(a) Private Civil Actions.--
              ``(1) In general.--A person may bring a civil action under 
          this subsection if the person is aggrieved by--
                      ``(A) a violation of section 1831(a) or 1832(a); or
                      ``(B) a misappropriation of a trade secret that is 
                  related to or included in a product that is produced 
                  for or placed in interstate or foreign commerce.
              ``(2) Pleadings.--A complaint filed in a civil action 
          brought under this subsection shall--
                      ``(A) describe with specificity the reasonable 
                  measures taken to protect the secrecy of the alleged 
                  trade secrets in dispute; and
                      ``(B) include a sworn representation by the party 
                  asserting the claim that the dispute involves either 
                  substantial need for nationwide service of process or 
                  misappropriation of trade secrets from the United 
                  States to another country.
              ``(3) Civil ex parte seizure order.--
                      ``(A) In general.--In a civil action brought under 
                  this subsection, the court may, upon ex parte 
                  application and if the court finds by clear and 
                  convincing evidence that issuing the order is necessary 
                  to prevent irreparable harm, issue an order providing 
                  for--
                              ``(i) the seizure of any property 
                          (including computers) used or intended to be 
                          used, in any manner or part, to commit or 
                          facilitate the commission of the violation 
                          alleged in the civil action; and
                              ``(ii) the preservation of evidence in the 
                          civil action.
                      ``(B) Scope of orders.--An order issued under 
                  subparagraph (A) shall--
                              ``(i) authorize the retention of the seized 
                          property for a reasonably limited period, not 
                          to exceed 72 hours under the initial order, 
                          which may be extended by the court after notice 
                          to the affected party and an opportunity to be 
                          heard;
                              ``(ii) require that any copies of seized 
                          property made by the requesting party be made 
                          at the expense of the requesting party;
                              ``(iii) require the requesting party to 
                          return the seized property to the party from 
                          which the property were seized at the end of 
                          the period authorized under clause (i), 
                          including any extension; and
                              ``(iv) include an appropriate protective 
                          order with respect to discovery and use of any 
                          property that has been seized, which shall 
                          provide for appropriate procedures to ensure 
                          that confidential, private, proprietary, or 
                          privileged information contained in the seized 
                          property is not improperly disclosed or used.
                      ``(C) Seizures.--A party injured by a seizure under 
                  an order under this paragraph--
                              ``(i) may bring a civil action against the 
                          applicant for the order; and
                              ``(ii) shall be entitled to recover 
                          appropriate relief, including--
                                      ``(I) damages for lost profits, 
                                  cost of materials, and loss of good 
                                  will;
                                      ``(II) if the seizure was sought in 
                                  bad faith, punitive damages; and
                                      ``(III) unless the court finds 
                                  extenuating circumstances, to recover a 
                                  reasonable attorney's fee.
              ``(4) Remedies.--In a civil action brought under this 
          subsection, a court may--
                      ``(A) issue--
                              ``(i) an order for appropriate injunctive 
                          relief against any violation described in 
                          paragraph (1), including the actual or 
                          threatened misappropriation of trade secrets;
                              ``(ii) if determined appropriate by the 
                          court, an order requiring affirmative actions 
                          to be taken to protect a trade secret; and
                              ``(iii) if the court determines that it 
                          would be unreasonable to prohibit use of a 
                          trade secret, an order requiring payment of a 
                          reasonable royalty for any use of the trade 
                          secret;
                      ``(B) award--
                              ``(i) damages for actual loss caused by the 
                          misappropriation of a trade secret; and
                              ``(ii) damages for any unjust enrichment 
                          caused by the misappropriation of the trade 
                          secret that is not addressed in computing 
                          damages for actual loss;
                      ``(C) if the trade secret described in paragraph 
                  (1)(B) is willfully or maliciously misappropriated, 
                  award exemplary damages in an amount not more than the 
                  amount of the damages awarded under subparagraph (B); 
                  and
                      ``(D) if a claim of misappropriation is made in bad 
                  faith, a motion to terminate an injunction is made or 
                  opposed in bad faith, or a trade secret is willfully 
                  and maliciously misappropriated, award reasonable 
                  attorney's fees to the prevailing party.
      ``(b) Jurisdiction.--The district courts of the United States shall 
  have original jurisdiction of civil actions brought under this section.
      ``(c) Period of Limitations.--A civil action under this section may 
  not be commenced later than 3 years after the date on which the 
  misappropriation is discovered or by the exercise of reasonable 
  diligence should have been discovered. For purposes of this subsection, 
  a continuing misappropriation constitutes a single claim of 
  misappropriation.''.
      (b) Definitions.--Section 1839 of title 18, United States Code, is 
  amended--
              (1) in paragraph (3), by striking ``and'' at the end;
              (2) in paragraph (4), by striking the period at the end and 
          inserting a semicolon; and
              (3) by adding at the end the following:
              ``(5) the term `misappropriation' means--
                      ``(A) acquisition of a trade secret of another by a 
                  person who knows or has reason to know that the trade 
                  secret was acquired by improper means; or
                      ``(B) disclosure or use of a trade secret of 
                  another without express or implied consent by a person 
                  who--
                              ``(i) used improper means to acquire 
                          knowledge of the trade secret;
                              ``(ii) at the time of disclosure or use, 
                          knew or had reason to know that the knowledge 
                          of the trade secret was--
                                      ``(I) derived from or through a 
                                  person who had used improper means to 
                                  acquire the trade secret;
                                      ``(II) acquired under circumstances 
                                  giving rise to a duty to maintain the 
                                  secrecy of the trade secret or limit 
                                  the use of the trade secret; or
                                      ``(III) derived from or through a 
                                  person who owed a duty to the person 
                                  seeking relief to maintain the secrecy 
                                  of the trade secret or limit the use of 
                                  the trade secret; or
                              ``(iii) before a material change of the 
                          position of the person, knew or had reason to 
                          know that--
                                      ``(I) the trade secret was a trade 
                                  secret; and
                                      ``(II) knowledge of the trade 
                                  secret had been acquired by accident or 
                                  mistake; and
              ``(6) the term `improper means'--
                      ``(A) includes theft, bribery, misrepresentation, 
                  breach or inducement of a breach of a duty to maintain 
                  secrecy, or espionage through electronic or other 
                  means; and
                      ``(B) does not include reverse engineering or 
                  independent derivation.''.
      (c) Technical and Conforming Amendment.--The table of sections for 
  chapter 90 of title 18, United States Code, is amended by striking the 
  item relating to section 1836 and inserting the following:
  
  ``1836. Civil proceedings.''.
      (d) Rule of Construction.--Nothing in the amendments made by this 
  section shall be construed to modify the rule of construction under 
  section 1838 of title 18, United States Code, or to preempt any other 
  provision of law.
target: Protecting American Trade Secrets and Innovation Act of 2012 - Amends the federal criminal code to authorize a person who is aggrieved by an act of economic espionage, theft of a trade secret, or misappropriation of a trade secret that is related to or included in a product that is produced for or placed in interstate or foreign commerce to bring a civil action under this Act (current law authorizes the Attorney General to bring a civil action to obtain injunctive relief against any violation of provisions regarding the protection of trade secrets).
  
  Requires a complaint filed in such an action to: (1) describe with specificity the reasonable measures taken to protect the secrecy of the alleged trade secrets in dispute, and (2) include a sworn representation by the party asserting the claim that the dispute involves either substantial need for nationwide service of process or misappropriation of trade secrets from the United States to another country.
  
  Authorizes the court, in a civil action, upon ex parte application and if the court finds by clear and convincing evidence that issuing the order is necessary to prevent irreparable harm, to issue an order providing for: (1) the seizure of any property (including computers) used or intended to be used to commit or facilitate the commission of the alleged violation, and (2) the preservation of evidence.
  
  Sets forth provisions regarding the scope of such an order, rights of a party injured by a seizure under such an order, and remedies with respect to civil actions brought under this Act. Establishes a three-year limitations period, beginning when the misappropriation is discovered or should have been discovered.
feat_title: A bill to modify chapter 90 of title 18, United States Code, to provide Federal jurisdiction for theft of trade secrets.