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IN HB1102
Bill
Status
5/5/2015
Primary Sponsor
Eric Koch
Click for details
AI Summary
HEA 1102 Summary
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Adds IC 24-11 to prohibit persons from asserting patent infringement claims in bad faith, effective July 1, 2015.
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Demand letters must contain the patent number, names and addresses of patent owners/assignees/agents, and factual allegations identifying specific areas of infringement; failure to include this information constitutes evidence of bad faith.
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Courts may require posting of a bond up to $250,000 upon finding a target has established reasonable likelihood of bad faith assertion, conditioned on payment of amounts owed to the target.
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Targets or aggrieved persons may bring actions for bad faith assertions and recover reasonable attorney's fees, litigation expenses, costs, declaratory/equitable relief, liquidated damages of $5,000 per demand letter received, and punitive damages of at least $50,000 or three times actual damages.
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Exempts approved postsecondary educational institutions, their technology transfer organizations, and licensees holding patents from these institutions from the bad faith assertion provisions.
Legislative Description
Patent protection. Prohibits a person from asserting a claim of patent infringement in bad faith. Provides that a court may, upon motion, require a person to post a bond if the target establishes a reasonable likelihood that the person has made an assertion of patent infringement in bad faith. Establishes remedies and damages. Exempts certain: (1) approved postsecondary educational institutions; (2) technology transfer organizations owned by or affiliated with approved postsecondary educational institutions; and (3) licensees holding patents from postsecondary educational institutions or technology transfer organizations owned by or affiliated with postsecondary educational institutions; from the provisions regarding bad faith
Last Action
Public Law 172
5/5/2015