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Targeting Rogue and Opaque Letters Act of 2021

USA117th CongressHR-192| House 
| Updated: 2/2/2021
Michael C. Burgess

Michael C. Burgess

Republican Representative

Texas

Commerce, Manufacturing, and Trade Subcommittee, Energy and Commerce Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Targeting Rogue and Opaque Letters Act of 2021 This bill prohibits sending bad faith patent demand letters. 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 include false or misleading claims about the sender's right to assert a patent and whether lawsuits have been filed. They also include making written demands for compensation for invalid patents or to demand compensation without identifying the ultimate parent entity of the letter sender. The sender shall have an affirmative defense that it acted in good faith, by proving that its misstatements or omissions were unintentional and that 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 may bring actions to enforce these provisions.
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Timeline

Bill from Previous Congress

HR 116-108
Targeting Rogue and Opaque Letters Act of 2019
Jan 5, 2021
Introduced in House
Jan 5, 2021
Referred to the House Committee on Energy and Commerce.
Feb 2, 2021
Referred to the Subcommittee on Consumer Protection and Commerce.
  • Bill from Previous Congress

    HR 116-108
    Targeting Rogue and Opaque Letters Act of 2019


  • January 5, 2021
    Introduced in House


  • January 5, 2021
    Referred to the House Committee on Energy and Commerce.


  • February 2, 2021
    Referred to the Subcommittee on Consumer Protection and Commerce.

Commerce

Related Bills

  • HR 117-3978: Vaccine TROL Act of 2021
Civil actions and liabilityFederal preemptionFraud offenses and financial crimesIntellectual propertyState and local government operations

Targeting Rogue and Opaque Letters Act of 2021

USA117th CongressHR-192| House 
| Updated: 2/2/2021
Targeting Rogue and Opaque Letters Act of 2021 This bill prohibits sending bad faith patent demand letters. 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 include false or misleading claims about the sender's right to assert a patent and whether lawsuits have been filed. They also include making written demands for compensation for invalid patents or to demand compensation without identifying the ultimate parent entity of the letter sender. The sender shall have an affirmative defense that it acted in good faith, by proving that its misstatements or omissions were unintentional and that 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 may bring actions to enforce these provisions.
View Full Text

Suggested Questions

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

Timeline

Bill from Previous Congress

HR 116-108
Targeting Rogue and Opaque Letters Act of 2019
Jan 5, 2021
Introduced in House
Jan 5, 2021
Referred to the House Committee on Energy and Commerce.
Feb 2, 2021
Referred to the Subcommittee on Consumer Protection and Commerce.
  • Bill from Previous Congress

    HR 116-108
    Targeting Rogue and Opaque Letters Act of 2019


  • January 5, 2021
    Introduced in House


  • January 5, 2021
    Referred to the House Committee on Energy and Commerce.


  • February 2, 2021
    Referred to the Subcommittee on Consumer Protection and Commerce.
Michael C. Burgess

Michael C. Burgess

Republican Representative

Texas

Commerce, Manufacturing, and Trade Subcommittee, Energy and Commerce Committee

Commerce

Related Bills

  • HR 117-3978: Vaccine TROL Act of 2021
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Civil actions and liabilityFederal preemptionFraud offenses and financial crimesIntellectual propertyState and local government operations