Bill > H229

This bill aims to protect innovation and entrepreneurship in Massachusetts by addressing bad faith assertions of patent infringement. The key provisions are: 1. It prohibits making assertions of patent infringement in bad faith, and outlines several factors a court can consider in determining whether an assertion was made in bad faith, such as the demand letter lacking specific details about the patent or the alleged infringement, the person making the assertion failing to conduct a proper analysis, or the assertion being meritless. 2. It allows targets of bad faith assertions of patent infringement, as well as other aggrieved persons, to bring civil actions in Superior Court. The court can award equitable relief, damages, costs and fees, and exemplary damages. 3. The Attorney General has the authority to enforce the law, make rules, conduct investigations, and bring civil actions, similar to the powers granted under the Massachusetts Consumer Protection Act (Chapter 93A). 4. The bill includes exceptions for parties that are actively investing in research, development, manufacturing, or use of the patented technology, as well as for certain entities like universities and technology transfer organizations.

Labor and Employment

https://malegislature.gov/Bills/191/H229