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2014 Regular Session
Overview
At the request of:
Chief Sponsors: Senator Winters , Representative Williamson
Regular Sponsors: Senator Boquist , Senator Close , Senator Devlin , Senator Edwards , Senator Ferrioli , Senator Girod , Senator Hansell , Representative Barker , Senator Johnson , Representative Berger , Senator Knopp , Representative Buckley , Senator Monroe , Senator Prozanski , Representative Cameron , Senator Roblan , Representative Doherty , Senator Steiner Hayward , Representative Frederick , Senator Thomsen , Representative Gallegos , Senator Whitsett , Representative Gelser , Representative Gorsek , Representative Keny-Guyer , Representative Nathanson , Representative Parrish , Representative Read , Representative Thatcher , Representative Vega Pederson , Representative Weidner , Representative Witt (Presession Filed)
Bill Title: Relating to bad-faith assertions of patent infringement; and declaring an emergency.
Catchline/Summary: Prohibits person or person's affiliate from communicating demand to recipient if in demand person or affiliate alleges, asserts or claims in bad faith that recipient has infringed or contributed to infringing patent or rights that patentee, assignee or licensee has under patent.
Permits prosecuting attorney to make finding as to whether person or affiliate has acted in bad faith and to serve investigative demand or take enforcement action against person for engaging in unlawful practice under Unlawful Trade Practices Act. Specifies conditions prosecuting attorney may consider in making finding. Requires prosecuting attorney to communicate finding to recipient within 10 days after making finding. Provides recipient with private right of action against person only after prosecuting attorney has found that person acted in bad faith. Permits prosecuting attorney who receives accusation against person from recipient to serve investigative demand or take enforcement action against person for engaging in unlawful practice under Unlawful Trade Practices Act. Provides recipient with private right of action against person under Unlawful Trade Practices Act. Specifies criteria court may consider in finding that person acted in bad faith or in good faith. Becomes operative 91 days after effective date of Act. Declares emergency, effective on passage.
Fiscal Impact: Has Minimal Fiscal Impact
Revenue Impact: No Revenue Impact
Measure Analysis: Staff Measure Summary / Impact Statements
Measure History
Current Status
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