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FL S1084

Bill

Status

Failed

5/1/2015

Primary Sponsor

Judiciary

Click for details

Origin

Senate

2015 Regular Session

AI Summary

  • Creates the "Patent Troll Prevention Act" as part VII of chapter 501, Florida Statutes, to protect businesses from bad faith patent infringement assertions while preserving legitimate patent enforcement rights.

  • Prohibits bad faith assertions of patent infringement and establishes factors courts may consider, including demand letters lacking required information (patent number, patent owner details, specific infringement allegations), failure to conduct comparative analysis, unreasonable payment deadlines, and previous meritless lawsuits on similar claims.

  • Authorizes courts to require patent infringement plaintiffs to post a bond of up to $250,000 or the target's estimated litigation costs, whichever is less, if the target establishes reasonable likelihood of bad faith assertion; courts may waive the bond requirement for good cause or if plaintiff has sufficient assets.

  • Creates private right of action for targets harmed by bad faith patent assertions with remedies including equitable relief, damages, 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 universities, and patent claims arising under 35 U.S.C. § 271(e)(2) or 42 U.S.C. § 262 from the act's provisions.

Legislative Description

Patent Infringement

Last Action

Died in Appropriations Subcommittee on Criminal and Civil Justice, companion bill(s) passed, see CS/CS/CS/HB 439 (Ch. 2015-92)

5/1/2015

Committee Referrals

Appropriations Subcommittee on Criminal and Civil Justice4/2/2015
Judiciary2/27/2015

Full Bill Text

No bill text available