Bill > A00380

This bill adds a new article to New York's General Business Law that prohibits bad faith assertions of patent infringement, creating legal protections for businesses and individuals who receive potentially frivolous patent infringement claims. The bill defines a "bad faith assertion" as when a person making a patent infringement claim is not genuinely using or intending to use the patent in producing, developing, licensing, or commercializing goods or services. The legislation establishes a comprehensive framework for evaluating whether a patent infringement claim is made in bad faith, considering factors such as the patent owner's business communications, financial records, research and development efforts, and history of legal actions. If a court determines that a patent infringement assertion is made in bad faith, the target can seek legal remedies including equitable relief, attorney's fees, and exemplary damages of up to $50,000 or three times the total damages and fees. Additionally, the Attorney General is empowered to seek injunctions and impose civil penalties against entities engaged in persistent bad faith patent infringement assertions. The bill aims to protect businesses from predatory patent trolling practices by providing clear guidelines and potential penalties for frivolous patent infringement claims.

Justice

https://www.nysenate.gov/legislation/bills/2025/A380