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To provide that certain bad faith communications in connection with the assertion of a United States patent are unfair or deceptive acts or practices, and for other purposes.

USA115th CongressHR-6370| House 
| Updated: 7/13/2018
Michael C. Burgess

Michael C. Burgess

Republican Representative

Texas

Cosponsors (2)
Marcy Kaptur (Democratic)Steve Stivers (Republican)

Energy and Commerce Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Targeting Rogue and Opaque Letters Act of 2018 This bill makes sending bad faith patent demand letters an unfair or deceptive act in violation of the Federal Trade Commission Act. A patent demand letter is a written communication claiming that the recipient may be liable for patent infringement. "Bad faith" means making knowingly false or misleading statements, making claims with reckless disregard for the truth, or omitting information with the intent to deceive. Bad faith representations under the bill include false or misleading claims about the sender's right to assert the patent, whether lawsuits have been filed against the recipient or others, and whether others have purchased a license to exercise the patent. It is also bad faith to make written demands for compensation for invalid patents, or to demand compensation without identifying the ultimate parent entity of the letter sender. The sender has an affirmative defense that it acted in good faith, by proving its misstatements or omissions were unintentional and it made an error in spite of procedures to avoid such errors. The bill preempts state laws relating to patent assertion communications. The Federal Trade Commission and state attorneys general can bring actions to enforce these provisions.
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Timeline
Jul 13, 2018
Introduced in House
Jul 13, 2018
Referred to the House Committee on Energy and Commerce.
  • July 13, 2018
    Introduced in House


  • July 13, 2018
    Referred to the House Committee on Energy and Commerce.

Commerce

Related Bills

  • S 115-1390: A bill to strengthen the position of the United States as the world's leading innovator by amending title 35, United States Code, to protect the property rights of the inventors that grow the country's economy.
  • HR 115-5340: To strengthen the position of the United States as the world's leading innovator by amending title 35, United States Code, to protect the property rights of the inventors that grow the country's economy.
Civil actions and liabilityFederal preemptionFraud offenses and financial crimesIntellectual propertyState and local government operations

To provide that certain bad faith communications in connection with the assertion of a United States patent are unfair or deceptive acts or practices, and for other purposes.

USA115th CongressHR-6370| House 
| Updated: 7/13/2018
Targeting Rogue and Opaque Letters Act of 2018 This bill makes sending bad faith patent demand letters an unfair or deceptive act in violation of the Federal Trade Commission Act. A patent demand letter is a written communication claiming that the recipient may be liable for patent infringement. "Bad faith" means making knowingly false or misleading statements, making claims with reckless disregard for the truth, or omitting information with the intent to deceive. Bad faith representations under the bill include false or misleading claims about the sender's right to assert the patent, whether lawsuits have been filed against the recipient or others, and whether others have purchased a license to exercise the patent. It is also bad faith to make written demands for compensation for invalid patents, or to demand compensation without identifying the ultimate parent entity of the letter sender. The sender has an affirmative defense that it acted in good faith, by proving its misstatements or omissions were unintentional and it made an error in spite of procedures to avoid such errors. The bill preempts state laws relating to patent assertion communications. The Federal Trade Commission and state attorneys general can bring actions to enforce these provisions.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Jul 13, 2018
Introduced in House
Jul 13, 2018
Referred to the House Committee on Energy and Commerce.
  • July 13, 2018
    Introduced in House


  • July 13, 2018
    Referred to the House Committee on Energy and Commerce.
Michael C. Burgess

Michael C. Burgess

Republican Representative

Texas

Cosponsors (2)
Marcy Kaptur (Democratic)Steve Stivers (Republican)

Energy and Commerce Committee

Commerce

Related Bills

  • S 115-1390: A bill to strengthen the position of the United States as the world's leading innovator by amending title 35, United States Code, to protect the property rights of the inventors that grow the country's economy.
  • HR 115-5340: To strengthen the position of the United States as the world's leading innovator by amending title 35, United States Code, to protect the property rights of the inventors that grow the country's economy.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Civil actions and liabilityFederal preemptionFraud offenses and financial crimesIntellectual propertyState and local government operations