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ID S1354
Bill
Status
3/26/2014
Primary Sponsor
Judiciary and Rules Committee
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AI Summary
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Creates Chapter 17 of Title 48, Idaho Code to prohibit bad faith assertions of patent infringement and protect Idaho businesses from abusive patent litigation tactics.
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Defines "bad faith assertion" factors including sending demand letters without analyzing the target's products, failing to include patent numbers and owner information, demanding unreasonable payment timelines, and offering licensing fees not reasonably based on patent value.
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Establishes private right of action in district court allowing targets to recover equitable relief, damages, attorney's fees, and exemplary damages of $50,000 or three times total damages/costs/fees, whichever is greater.
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Subjects persons outside Idaho who send demand letters to Idaho persons to state court jurisdiction and grants Attorney General and district courts enforcement authority under the Idaho Consumer Protection Act.
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Requires courts to impose bond on persons found to have established reasonable likelihood of bad faith patent infringement, conditioned on payment of litigation costs; exempts claims arising under 35 U.S.C. section 271(e)(2) from chapter provisions.
Legislative Description
Adds to existing law to provide legislative findings and intent, to provide definitions, to provide that it is unlawful to make bad faith assertions of patent infringement, to provide provisions relating to personal jurisdiction, to grant certain authority to the Attorney General and district courts, to provide a private cause of action, remedies and damages and a limitation of action, to establish provisions relating to bond and to provide exemptions.
BAD FAITH ASSERTIONS
Last Action
Signed by Governor on 03/26/14 Session Law Chapter 277 Effective: 07/01/2014
3/26/2014