Subscribe to receive our Floor Reports covering all the action on the Texas House and Senate floor!
SB 1457 would amend Business & Chapter Code to add a section titled "Bad Faith Claims of Patent Infringement." This would prohibit a person from sending 10 or more written communications per calendar year that makes a bad faith claim of patent infringement against a person doing business or located in Texas. A bad faith claim of patent infringement would be defined to mean; 1) the sender falsely says they have filed a lawsuit, 2) the claim has no basis because the sender has no current right to license the patent, held invalid or unenforceable, or the infringement alleged occurred after the patent expired, or 3) the communication is likely to materially mislead a reasonable recipient by meeting specific criteria.
The attorney general would be authorized to bring action on behalf of the state against violators. The penalty would be the imposition of a civil penalty not higher than $50,000, reimbursement to the state for the reasonable value of investigating and prosecuting a violation, and restitution to the victim for legal and professional expenses accrued.