This bill allows the attorney general to pursue a civil action in court against an individual or business who has made a bad faith claim against someone for infringement on a patent.
Section 1, subdivision 1 provides a definition for the term “end user” as a person who obtains a product, service, or technology which later becomes the subject of a patent infringement assertion due to the person’s use of the product.
Subdivision 2 Prohibits a person from sending communication to someone claiming that person has infringed on a patent when:
-
the sender has falsely stated that they have filed a lawsuit;
-
the sender is not the person who has the rights to license or enforce the patent;
-
the patent has been invalidated or deemed unenforceable in a final judgment or administrative decision;
-
the patent has expired; or
-
the communication is likely to mislead a reasonable person for specified reasons.
Subdivision 3 allows the attorney general to bring a civil action for specified remedies against a person they believe has violated this section.
Subdivision 4 provides that this bill:
-
does not limit any rights or remedies available to the state or any person under other laws related to patent infringement; or
-
does not prohibit a person with a patent from notifying others of the person’s patent right or infringement as provided by the federal patent law or seeking compensation for past or present infringement.
This section also provides a list of exemptions to the scope of the bill for communications by specified parties.
Subdivision 5 prohibits private rights of action under this bill.
|