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MI HB5701
Bill
Status
7/16/2014
Primary Sponsor
Mike Callton
Click for details
AI Summary
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Prohibits bad-faith assertions of patent infringement and establishes legal remedies for persons targeted by such claims.
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Requires demand letters to include the patent number, names and addresses of patent owners/assignees, and specific factual allegations about how the target's products infringe the patent.
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Allows courts to consider multiple factors as evidence of bad faith, including failure to conduct patent analysis before sending demand letters, unreasonably short response deadlines, licensing fees not based on reasonable valuation, and meritless or deceptive claims.
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Permits courts to require bonds up to $250,000 from persons with reasonable likelihood of making bad-faith patent assertions, conditioned on payment of damages finally determined to be due.
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Authorizes targets to bring civil actions for equitable relief, damages, attorney fees, and exemplary damages up to $50,000 or three times actual damages, whichever is greater; gives attorney general same enforcement authority as under the Michigan Consumer Protection Act.
Legislative Description
Civil procedure; other; claims of patent infringement made in bad faith; prohibit, and provide remedies for. Creates new act.
Trade, antitrust
Last Action
Printed Bill Filed 07/17/2014
7/30/2014