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SB 2787

Bad faith assertions of patent infringement; repeal repealer on.

2025 Regular Session Introduced by Brice Wiggins

SB 2787 extends anti-bad-faith patent assertion rules by moving the repeal date from 2021 to 2025, keeping protections in effect longer.

Approved by Governor
#judiciarya #judiciary #divisiona
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Bill Summary · SB 2787

Summary — SB 2787

Title: Bad faith assertions of patent infringement; repeal repealer on.
Status: Approved by Governor (enacted)
Introduced: March 14, 2025
Classification/Subject: Judiciary A; judiciary, Division A

Purpose / intent

SB 2787 addresses state law relating to “bad faith assertions of patent infringement.” The bill alters the bill’s repealer language (the provision that causes the law to expire) by replacing a year value in the text. The change updates the statutory repealer date from 2021 to 2025, thereby extending the period during which the underlying anti–bad-faith-patent assertion provisions remain in force.

Key provision (amendment)

  • House Amendment No. 1 (adopted by voice vote) amends line 137 of the bill by deleting the year “2021” and inserting “2025.” The amendment report confirms this is the only change described in the provided amendment text.
  • Effect: the repeal/expiration date referenced at that location in the bill is moved forward to 2025. In practical terms, any temporary/expiring provision tied to the original 2021 date will remain effective until the new 2025 date (unless other language elsewhere in the statute changes).

What the bill affects

  • Primary subjects affected are statutes and enforcement mechanisms addressing bad-faith assertions of patent infringement. Although the text provided is limited to the amendment changing a date, the bill’s title indicates it governs conduct (and potential remedies) related to abusive or bad-faith patent-assertion practices.
  • Likely stakeholders:
    • Businesses and individuals who receive patent demand letters or threats of infringement litigation (small businesses, startups).
    • Patent holders and patent assertion entities (PAEs) whose practices may be regulated or limited.
    • Attorneys and in-house counsel involved in patent enforcement.
    • State courts and administrative bodies that would apply the statute while it remains in effect.

Procedural / timeline highlights

  • Introduced and filed: March 14, 2025
  • Referred to Judiciary, Division A; later to Judiciary A and (per later entry) Education K-16
  • Passed, amended, enrolled and signed by legislative leaders: mid-March 2025 (Enrolled Bill signed March 19, 2025)
  • Approved by Governor: March 24, 2025
  • Amendment No. 1 (changing “2021” to “2025”) was adopted (voice vote) as recorded in the amendment report.

Practical implications / notes

  • The amendment does not, by itself, change substantive prohibitions or remedies addressing bad-faith patent assertions; it only alters the statutory expiration date referenced in the bill text.
  • By moving the date forward, the legislation keeps the underlying provisions active longer (through or until 2025) rather than allowing them to expire earlier.
  • Because only the amendment text was provided, readers interested in the full substantive scope (definitions, prohibited conduct, penalties, private cause of action, procedural rules, etc.) should consult the final enrolled/approved text of SB 2787 and the affected statute(s) to see the complete operative language and any associated fiscal or legal analyses.

Compiled from official sources — confirm details with the bill’s official record.

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