Patent protection

The House Judiciary Committee also heard Rep. Koch’s HB 1102 concerning patent protection. The bill addresses bad faith demand letters asserting claims of patent infringement, commonly known as “patent troll activity”. The bill provides for the Attorney General or private action to address bad faith claim letters, enforcement and remedies, and factors the court should consider in evaluating whether the claim letter is made in bad faith. The bill also provides for a bond to be posted if the court finds a reasonable likelihood that an asserted claim has been made in bad faith in violation of this chapter. An amendment was adopted by consent that would define “end user,” and adds a licensee holding a patent from an approved postsecondary educational institution and additional factors to consider when a claim of patent infringement is not made in bad faith. Representatives from the Indiana Bankers Association, Indiana Builders Association, the Manufacturing Association, and Indiana University testified in support of the legislation. The bill passed 8-1.

Read the bill at