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OH HB573
Bill
Status
5/27/2014
Primary Sponsor
Kristina Roegner
Click for details
AI Summary
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Prohibits any person from making a bad faith assertion of patent infringement under new Ohio Revised Code sections 2307.66-2307.69.
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Establishes nine factors courts may consider as evidence of bad faith assertions, including incomplete demand letters, failure to conduct infringement analysis, unreasonably short payment deadlines, and meritless claims that the person knew or should have known were meritless.
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Allows targets and aggrieved persons to bring tort actions in common pleas court and requires courts to impose bonds up to $250,000 upon finding reasonable likelihood of bad faith assertion.
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Permits prevailing plaintiffs to recover equitable relief, compensatory damages, litigation costs and attorney's fees, plus exemplary damages of either $50,000 or three times total damages (whichever is greater).
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Authorizes the Ohio Attorney General to investigate bad faith patent infringement assertions and institute civil actions seeking injunctive relief and other equitable remedies when in the public interest.
Legislative Description
To prohibit a person from making a bad faith assertion of patent infringement, to permit a person aggrieved by a bad faith assertion of patent infringement to bring a tort action, and to authorize the Attorney General to investigate and to institute a civil action if the Attorney General believes a person has made a bad faith assertion of patent infringement.
Patent infringement-bad faith assertions
Last Action
To Judiciary
5/27/2014