FL S1298

Prohibits sending demand letters to targets that make bad faith assertions of patent infringement, defined as claims of infringement paired with objectively baseless assertions or misleading information about the patent, sender identity, or infringing activity.

Establishes specific criteria for bad faith assertions including: falsely claiming a lawsuit has been filed, lacking current rights to enforce the patent, asserting claims about invalid or expired patents, and failing to provide sufficient information about the claimant identity, patent number, and alleged infringing product or activity.

Adds construction language clarifying the law does not limit other legal rights, restrict the Attorney General's authority, or prohibit legitimate patent notification, licensing offers, or infringement claims under federal law.

Repeals the previous bond posting requirement for plaintiffs and modifies damages awards to limit punitive damages to $75,000 (down from $50,000 or three times actual damages) and only when the person has repeatedly violated the statute.

Creates private right of action allowing aggrieved persons to recover equitable relief, actual damages, costs and attorney fees, and potentially punitive damages in court proceedings.