Bill > S2673

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 are as follows: 1. It defines "assertion of patent infringement" to include sending demand letters, threatening litigation, or making similar claims that a target has engaged in patent infringement or should obtain a license to avoid litigation. 2. It prohibits making such assertions in "bad faith" and provides a list of factors a court may consider in determining whether an assertion was made in bad faith, such as a lack of specificity in the demand letter, failure to conduct a proper analysis, or making meritless or deceptive claims. 3. It allows a target or an aggrieved person to bring an action in superior court against a person who has made a bad-faith assertion of patent infringement, and the court may award various remedies, including equitable relief, damages, and exemplary damages. 4. It establishes that any person who arranges for or is legally responsible for a bad-faith assertion of patent infringement can be held jointly and severally liable. 5. It allows a prevailing defendant to recover costs and fees if the court finds the action was not well-grounded in fact and warranted by existing law or was brought for an improper purpose. The overall goal of the bill is to curb the practice of making unfounded or abusive patent infringement claims, which can stifle innovation and entrepreneurship, by providing legal recourse for those targeted by such assertions.

Budget and Finance

Joint Committee on Consumer Protection and Professional Licensure (J)

https://malegislature.gov/Bills/192/S2673