Bill > S153

This bill aims to address bad faith assertions of patent infringement. It defines "assertion of patent infringement" as sending a demand letter that alleges or claims patent infringement or demands a license to avoid litigation. The bill provides a list of factors a court may consider in determining whether an assertion was made in bad faith, such as the demand letter lacking key information or the asserted patent having been held invalid. The bill allows targets of such conduct or the state Attorney General to bring civil actions seeking various remedies, including damages, fees, and civil penalties. The bill also carves out certain exceptions, such as for entities making significant business investments related to the patent.

Labor and Employment

https://malegislature.gov/Bills/190/S153