2nd Sub.
H.B.
117
PATENT INFRINGEMENT AMENDMENTS
Senate Floor
Amendments
Amendment 2 March 11, 2014 12:41 PM
Senator John L. Valentine
proposes the following amendments:
1. Page
2, Lines 50 through 52
:
50
(2) "Target" means a person or entity residing in, incorporated in, or organized under
51
the laws of this state that has received a demand letter and
includes
the customers, distributors and
52
agents of the person or entity.
2. Page
3, Lines 57 through 59
:
57
(1) A sponsor may not distribute a demand letter to a target that includes a bad faith
58
assertion of patent infringement.
59
(2)
{
A demand letter includes a bad faith assertion of patent infringement when
}
A court
may consider the following factors as evidence in determining whether a sponsor has or has not
distributed a demand letter containing a bad faith assertion of patent infringement, but no one factor
may be considered conclusive as to whether a demand letter contains a bad faith assertion of patent
infringement
:
3. Page
3, Lines 66 through 73
:
66
(iv) the identification of at least one claim of each asserted patent that is allegedly
67
infringed;
{
and
}
68
(v) for each claim identified in Subsection (2)(a)(iv), a description of one or more
69
allegedly infringing products, including the make, model number, and other specific identifying
70
indicia of allegedly infringing products, services or methods made, used, offered for sale, sold,
71
imported or performed by the target, provided in sufficient detail to allow the target to assess
72
the merits of the assertion of patent infringement; and
73
{
(iv)
}
(vi)
identification of each judicial or administrative proceeding pending as of the date
4. Page
3, Lines 85 through 87
:
85
(v) an assertion that the amount of compensation demanded will increase if the target
86
retains counsel to defend against the assertions in the demand letter or if the target does not pay
87
the sponsor within a period of 60 days or less
;
(vi) a false or misleading statement; or
(vii) the demand letter demands payment of a license fee or response within an unreasonably short
period of time depending on the number and complexity of the claims
5. Page
4, Lines 99 through 101
:
99
(e) the sponsor is:
100
(i) the inventor or joint inventor of the patent or the original assignee of the inventor or
101
joint inventor
, or an entity owned by or affiliated with the original assignee
; or
6. Page
4, Lines 115 through 118
:
115
(2) The Attorney General may conduct civil investigations and bring civil actions
116
pursuant to this part. In an action brought by the Attorney General under this part, the court
117
may award or impose any relief it considers prudent, including
{
, but not limited
}
to the
118
following:
7. Page
5, Lines 133 through 134
:
133
(d) final resolution of actions brought under
{
the
}
this
part, including any recovery under
134
Subsection (2).
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