Sec. 201 Motion for a bond
“285A. Motion for a bond
“(a) In general—The court, on motion by the defendant or a respondent in a proceeding, may order the party alleging infringement to post a bond sufficient to ensure payment of the accused infringer’s reasonable fees and other expenses, including attorney fees.
“(b) Factors To be considered—For purposes of this section, in determining whether a bond requirement would be unreasonable or unnecessary, the court shall consider—
“(1) whether the bond will burden the ability of the party alleging infringement to pursue activities unrelated to the assertion, acquisition, litigation, or licensing of any patent;
“(2) whether the party alleging infringement is—
“(A) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))); or
“(B) a non-profit technology transfer organization whose primary purpose is to facilitate the commercialization of technologies developed by one or more institutions of higher education;
“(3) whether a licensee, who has an exclusive right under a patent held by an institution of higher education or a non-profit organization described in paragraph (2), conducts further research on or development of the subject matter to make the subject matter more licensable;
“(4) whether the party alleging infringement is a named inventor of or an original assignee to an asserted patent;
“(5) whether the party alleging infringement makes or sells a product related to the subject matter described in an asserted patent;
“(6) whether the party alleging infringement can demonstrate that it has and will have the ability to pay the accused infringer’s fees and other expenses if ordered to do so; and
“(7) whether any party will agree to pay the accused infringer’s shifted fees and other expenses, provided that the person or entity can demonstrate that it has and will have the ability to pay the accused infringer’s shifted fees and other expenses.”