Bill
A 380
Overview: Bill Number: A 380, Title: Prohibits bad faith assertions of patent infringement, Status: REFERRED TO JUDICIARY, Introduced: January 08, 2025Purpose and Intent: The bill
Overview: Bill Number: A 380, Title: Prohibits bad faith assertions of patent infringement, Status: REFERRED TO JUDICIARY, Introduced: January 08, 2025
Purpose and Intent: The bill aims to prohibit the practice of making bad faith assertions of patent infringement, which can be used to unfairly target and harass businesses. The goal is to protect companies from abusive patent litigation tactics and promote a more fair and balanced patent system.
Key Provisions:
- Prohibits a patent owner from making a bad faith assertion of patent infringement
- Defines "bad faith" criteria, including making false or misleading statements, demanding payment without reasonable investigation, or threatening litigation without intent to file suit
- Allows targeted businesses to seek civil penalties and damages for bad faith assertions
- Requires the state attorney general to investigate and take action against patterns of bad faith assertions
Affected Parties and Impacts: The bill would protect small businesses, startups, and other companies from being targeted by abusive patent litigation tactics. It could help foster a more innovative and competitive business environment in New York.
Procedural and Timeline Considerations: The bill has been referred to the Assembly Committee on Judiciary. If passed, the new prohibitions on bad faith patent assertions would be enforceable through the state's civil justice system.
Compiled from official sources — confirm details with the bill’s official record.
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