Prohibits bad faith assertions of patent infringement where the person making the assertion is not engaging, has not engaged or attempted to engage, or does not intend to engage in the bona fide use of the patent in the production, development, licensing or commercialization of goods or services.
Summary
Bill A00380 aims to amend the General Business Law of New York by prohibiting bad faith assertions of patent infringement. It defines 'bad faith' in the context of patent claims and establishes a presumption of bad faith when the asserting party is not actively using the patent in question for legitimate business purposes. The bill outlines specific criteria that courts should consider when determining whether an assertion of patent infringement is made in bad faith, including the content of demand letters and the history of the asserting party's legal actions.
Impact
If enacted, this bill would significantly impact how patent infringement claims are handled in New York. It would provide legal protections for individuals and businesses against frivolous patent claims, potentially reducing the number of meritless lawsuits. The bill also establishes penalties for those who engage in bad faith assertions, which could deter such practices and encourage more responsible use of patent rights.
Sentiment
The general sentiment surrounding Bill A00380 appears to be supportive, particularly among those advocating for patent reform and protection against abusive litigation practices. However, there may be concerns from patent holders about the implications for legitimate claims and the enforcement of their rights, which could lead to a divided opinion among stakeholders in the patent community.
Contention
Notable points of contention include the balance between protecting businesses from bad faith assertions and ensuring that legitimate patent holders can enforce their rights without undue hindrance. Some stakeholders may argue that the bill could discourage valid patent enforcement actions, while others may contend it is necessary to curb abusive practices that exploit the patent system.
Prohibits assertions of copyright infringement where the amount demanded by the person making the assertion was not made in good faith or the claim or assertion of copyright infringement is based on copyrighted material that is in the public domain or for which the asserter lacks the authority to enforce the copyright.
Creating the crime of engaging in a street stunt, providing criminal penalties therefor and adding engaging in a street stunt to the list of crimes included in fleeing or attempting to elude a police officer.
Relates to preserving access to affordable drugs; provides that an agreement resolving or settling, on a final or interim basis, a patent infringement claim, in connection with the sale of a pharmaceutical product, shall be presumed to have anticompetitive effects if a nonreference drug filer receives anything of value from another company asserting patent infringement and if the nonreference drug filer agrees to limit or forego research, development, manufacturing, marketing, or sales of the nonreference drug filer's product for any period of time.