Bill > S178

This bill establishes new protections for Massachusetts businesses against what are termed "bad faith assertions of patent infringement," which refers to actions like sending demand letters or threatening lawsuits that claim a business has infringed on a patent without proper justification. The bill defines key terms such as "assertion of patent infringement," "demand letter," "person," and "target" (a business in Massachusetts affected by such claims). It outlines specific factors a court can consider to determine if an assertion was made in bad faith, including whether the demand letter lacked essential information like the patent number, owner details, and specific factual allegations of infringement, or if the sender failed to conduct a proper comparison between the patent and the target's products. Conversely, the bill also lists factors that suggest an assertion was made in good faith, such as providing requested information promptly or demonstrating a genuine effort to negotiate. Businesses that are targets of bad faith patent infringement claims, or anyone harmed by a violation of this chapter, can sue in Superior Court and may be awarded remedies including damages, legal costs, and potentially significant exemplary damages.