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NY A10707
Bill
Status
9/18/2024
Primary Sponsor
Clyde Vanel
Click for details
AI Summary
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Creates Article 24-E of General Business Law prohibiting bad faith assertions of patent infringement in New York.
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Establishes a presumption of bad faith when a person asserting patent infringement is not engaging in or does not intend to engage in bona fide use of the patent in production, development, licensing, or commercialization of goods or services.
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Lists 10 factors courts must consider when assessing bad faith, including demand letter content, patent analysis, licensing history, claim merit, and prior enforcement history.
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Allows civil actions by recipients of bad faith assertions with penalties including equitable relief, attorney's fees, and exemplary damages of $50,000 or three times actual damages, whichever is greater.
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Authorizes the Attorney General to seek injunctions and impose civil penalties up to $50,000 per bad faith assertion for persistent violations.
Legislative Description
Prohibits bad faith assertions of patent infringement where the person making the assertion is not engaging, has not engaged or attempted to engage, or does not intend to engage in the bona fide use of the patent in the production, development, licensing or commercialization of goods or services.
Last Action
referred to judiciary
9/18/2024