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NY A10707

Bill

Status

Introduced

9/18/2024

Primary Sponsor

Clyde Vanel

Click for details

Origin

Assembly

2023-2024 General Assembly

AI Summary

  • Creates Article 24-E of General Business Law prohibiting bad faith assertions of patent infringement in New York.

  • 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.

  • Lists 10 factors courts must consider when assessing bad faith, including demand letter content, patent analysis, licensing history, claim merit, and prior enforcement history.

  • 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.

  • 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

Committee Referrals

Judiciary9/18/2024

Full Bill Text

No bill text available