Missouri State Senate

Senate Committee Substitute

SCS/SB 706 - This act prohibits bad faith assertions of patent infringement. This act creates a nine factor test that a court shall consider when determining if a person has made a bad faith assertion of patent infringement. Additionally, this act creates a six factor test that the court shall consider as evidence that a person has not made a bad faith assertion of patent infringement. If a person believes that they have been a target of a bad faith assertion of patent infringement upon receiving a demand letter, the person shall have a private right to a cause of action as set forth in this act. Upon a finding by a court that a person has made a bad faith assertion of patent infringement, the court may increase the monetary award to the target as set forth in this act.

This act allows the Attorney General to investigate, restrain, and prosecute bad faith assertions of patent infringement claims. Any monetary awards recovered by the Attorney General shall be credited to the Antitrust Revolving Fund for the payments of expenses incurred by the Attorney General in the course of investigation, prosecution, or enforcement of such patent infringement claims.

This act shall not be construed to limit the rights and remedies available to any person with regard to bad faith assertions of patent infringement.

This act is identical to HCS/HB 1374.

KAYLA CRIDER

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