Patent protection

The Senate Civil Law Committee heard HB 1102, sponsored by Sen. Steele, on patent protection. This bill prohibits a person from asserting a claim of patent infringement in bad faith and provides that a court may, upon motion, require a person to post a bond if the target establishes a reasonable likelihood that the person has made an assertion of patent infringement in bad faith. It also provides that a claim of patent infringement is not made in bad faith if certain conditions apply to the person making the claim. The legislation also establishes remedies, damages, and civil penalties.

The bill was amended to exempt from the provisions regarding bad faith assertions of patent infringement: (1) approved post-secondary educational institutions; (2) technology transfer organizations owned by or affiliated with approved post-secondary educational institution; and (3) licensees holding patents from postsecondary educational institutions or technology transfer organizations owned by or affiliated with postsecondary educational institutions. A representative of Purdue University testified in favor of the amendment. The bill passed 7-1.

Read the bill at http://iga.in.gov/legislative/2015/bills/house/1102.