2014 Regular Session
|At the request of:|
|Bill Title:||Relating to bad-faith assertions of patent infringement; and declaring an emergency.|
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.
|Chapter Number:||Chapter 19|
|Fiscal Impact:||Has Minimal Fiscal Impact|
|Revenue Impact:||No Revenue Impact|
|Measure Analysis:||Staff Measure Summary / Impact Statements|
|Current Location:||Chapter Number Assigned|
|Potential Conflicts of Interest/Vote Explanations:||Potential Conflicts of Interest/Vote Explanation Documents|