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MO SB706
Bill
AI Summary
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Prohibits any person from making a bad faith assertion of patent infringement in a demand letter to an end user who purchases products or services in the commercial market
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Identifies seven factors courts may consider as evidence of bad faith, including failure to provide patent number, patent owner information, or specific infringement details; demanding unreasonably quick payment; offering unreasonable licensing fees; and prior bad faith determinations
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Identifies seven factors courts may consider as evidence of good faith, including providing required information, good faith negotiation efforts, substantial investment in the patent, and being the original inventor or an institution of higher education
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Grants targets of bad faith patent infringement assertions private rights of action to enjoin violations, recover actual monetary losses or $10,000 per violation (whichever is greater), and recover attorney's fees
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Authorizes the Missouri Attorney General to investigate and prosecute bad faith patent infringement assertions under antitrust authority and permits recovered settlements to fund antitrust enforcement activities
Legislative Description
Prohibits bad faith assertions of patent infringement
Last Action
Signed by Governor
7/8/2014