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MN HF1586

Bill

Status

Passed

5/4/2016

Primary Sponsor

Joe Hoppe

Click for details

Origin

House of Representatives

89th Legislature 2015-2016

AI Summary

  • Prohibits sending written or electronic communications asserting patent infringement to Minnesota end users that are deemed "bad faith," including false claims of filed lawsuits, assertions by parties without right to enforce the patent, or communications about expired or invalid patents.

  • Defines "bad faith" claims as those that are likely to materially mislead a reasonable end user by failing to disclose the identity of the person asserting the claim, the specific patent allegedly infringed, or at least one product or service allegedly infringing the patent.

  • Authorizes the Minnesota Attorney General to bring civil enforcement actions seeking injunctions, civil penalties up to $50,000 per violation, reimbursement of investigative costs, and restitution for victims' legal and professional expenses.

  • Exempts communications from patent owners engaged in substantial research or commercial development, institutions of higher education, charitable organizations, technology transfer organizations, and those relating to specific pharmaceutical patent disputes under federal law.

  • Does not create a private cause of action for violations and does not limit other legal rights or remedies available under state or federal law.

Legislative Description

Bad faith assertions of patent infringements prohibited, and enforcement provided.

Last Action

Secretary of State Chapter 89 04/29/16

5/4/2016

Committee Referrals

Rules and Administration4/18/2016
Civil Law and Data Practices Policy3/17/2016
Commerce and Regulatory Reform3/9/2015

Full Bill Text

No bill text available