CS/CS/HB 1181 Summary

• Prohibits sending demand letters to Florida businesses that make bad faith assertions of patent infringement, with a violation subject to civil liability.

• Establishes factors courts must consider to determine bad faith, including: missing required information (patent number, owner identity, specific infringement allegations), failure to conduct comparative analysis before sending demand letter, unreasonable payment deadlines, unenforceable claims the sender knew were invalid, and deceptive assertions.

• Lists factors courts may consider as evidence of good faith patent enforcement, including sender's substantial investment in the patent, status as patent inventor/assignee, prior successful litigation, and objectively baseless claims due to patent expiration or invalidity.

• Repeals requirement for plaintiffs to post bond in patent infringement cases and authorizes courts to award actual damages, attorney fees, and punitive damages up to $75,000 (or $50,000 or three times total damages if greater) for repeated violations.

• Takes effect upon becoming law.