CS/CS/HB 1103 - Patent Troll Prevention Act

• Prohibits bad faith assertions of patent infringement and creates the "Patent Troll Prevention Act" as part VII of chapter 501, Florida Statutes.

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

• Allows courts to require plaintiffs to post a bond of up to $250,000 or the target's estimated litigation expenses (including attorney fees) if reasonable likelihood of bad faith assertion is established; bond requirement may be waived for good cause or if plaintiff has sufficient assets.

• Provides private right of action for violations with remedies including equitable relief, damages, costs and reasonable attorney fees, and punitive damages of $50,000 or three times total damages/costs/fees, whichever is greater.

• Exempts institutions of higher education, technology transfer organizations affiliated with higher education, and patent infringement claims arising under 35 U.S.C. § 271(e)(2) or 42 U.S.C. § 262 from the act's requirements.