SB121 Summary

• Prohibits any person from asserting a claim of patent infringement in bad faith in Alabama.

• Authorizes the Attorney General to investigate bad faith patent infringement claims, issue subpoenas, and file civil enforcement actions in circuit court.

• Allows targets of bad faith patent infringement assertions to sue for equitable relief, damages, court costs, attorney's fees, and exemplary damages of $50,000 or three times total damages/costs/fees (whichever is greater).

• Establishes factors courts may consider to determine bad faith, including incomplete demand letters, failure to conduct patent analysis, unreasonable payment deadlines, meritless claims, and deceptive communications.

• Creates a Class A misdemeanor for continuous and willful violations, with a 5-year statute of limitations for civil actions; becomes effective on the first day of the third month following passage.