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OK HB2837
Bill
Status
5/16/2014
Primary Sponsor
Clark Jolley
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AI Summary
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Prohibits persons from sending written or electronic communications asserting patent infringement that contain false statements about filed litigation, threats of litigation without consistent follow-through, or lack reasonable basis in fact or law.
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Defines prohibited patent infringement assertions to include those lacking identity of the patent holder, U.S. patent number, or specific factual allegations about how the recipient's products or services infringe the patent.
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Exempts from the act communications by patent owners engaged in substantial research/development/manufacturing, institutions of higher education, technology transfer organizations, and demand letters or civil actions arising under 35 U.S.C. Section 271(e)(2).
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Authorizes the Oklahoma Attorney General to enforce the act through civil investigations and actions, with courts able to award damages, costs, attorney fees, and punitive damages of $50,000 or three times total damages, whichever is greater.
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Effective date: November 1, 2014.
Legislative Description
Patent infringement; prohibiting bad-faith patent infringement claims; effective date.
Civil and Criminal Procedure and Courts
Last Action
Approved by Governor 05/16/2014
5/16/2014