Bill > S154

This bill amends the General Laws to create a new chapter, Chapter 93L, which addresses "Bad Faith Assertions of Patent Infringement." The key provisions of this bill include: 1. Defining "assertion of patent infringement" as sending a demand letter to a target alleging patent infringement or threatening litigation, and providing criteria for determining if such an assertion was made in "bad faith." 2. Allowing a target or a person aggrieved by a violation of this chapter to bring an action in Superior Court, with the potential for equitable relief, damages, costs, fees, and exemplary damages. 3. Granting the Attorney General the authority to make rules, conduct civil investigations, bring civil actions, and seek various forms of relief, including civil penalties and restitution, if the Attorney General believes a person has violated or is violating this chapter. 4. Establishing that any person who has delivered or sent a demand to a target in Massachusetts has purposefully availed themselves of the privileges of conducting business in the state and can be subject to suit. 5. Clarifying that this chapter does not limit other rights and remedies available under the law, nor does it alter or restrict the Attorney General's authority under Chapter 93A regarding conduct involving assertions of patent infringement.

Labor and Employment

https://malegislature.gov/Bills/191/S154