Bill > H357

This bill aims to protect innovation and entrepreneurship in the Commonwealth by addressing bad-faith assertions of patent infringement. The key provisions of the bill include: 1. Defining "assertion of patent infringement" as activities like sending demand letters, threatening litigation, or making claims of patent infringement against a "target" (a person residing in, conducting business in, or having their principal place of business in Massachusetts). 2. Establishing that making a bad-faith assertion of patent infringement is prohibited, and provides factors for courts to consider in determining whether an assertion was made in bad faith, such as the demand letter lacking key information, the assertion being meritless, or the person having previously filed similar lawsuits. 3. Allowing targets or other aggrieved persons to bring civil actions against those who make bad-faith assertions, and authorizing the court to award various remedies, including equitable relief, damages, costs and fees, and exemplary damages. 4. Holding liable those who directly or indirectly arranged for or caused the bad-faith assertion of patent infringement. 5. Empowering the Attorney General to enforce the law, with the same authority as under the state's Consumer Protection Act. The bill aims to deter the practice of making bad-faith patent infringement claims, which can harm innovation and entrepreneurship, by providing legal recourse for those targeted by such assertions.

Labor and Employment

https://malegislature.gov/Bills/192/H357