CT SB00258

Prohibits any person from making bad faith claims or assertions of patent infringement, effective October 1, 2014.

Allows targets of bad faith patent infringement claims to sue in superior court for enforcement; targets include those who received demand letters, were named as defendants, or whose customers received demand letters.

Courts may consider eight factors when determining bad faith, including whether demand letters contained required information (patent number, owner/assignee names and addresses, specific infringement allegations), whether analysis was conducted, whether response timeframes were unreasonable, and whether similar prior claims were unsuccessful or meritless.

Courts may consider six factors indicating good faith claims, including whether demand letters contained required information, whether the claimant made substantial investment in the patent, whether the claimant is an inventor or institution of higher education, and whether the claimant has a history of successful patent enforcement.

Prevailing plaintiffs may recover equitable relief, actual damages, reasonable costs and attorney's fees, and punitive damages up to $500,000 or three times the actual damages and costs, whichever is greater; courts may require bond up to $250,000 upon finding reasonable likelihood of bad faith violation.