TALLAHASSEE, Fla. (6/4/15)--A bill backed by the League of Southeastern Credit Unions that would protect businesses, including credit unions, from patent “trolls” was signed by Florida Gov. Rick Scott Tuesday (eSignal June 3).
HB 439 includes language that creates a private cause of action for a business receiving a demand letter in bad faith from a patent assertion entity, also referred to as a patent troll.
The league’s governmental affairs team was instrumental in the passage of this legislation, reviving the language in the last week of the session and helping to secure its approval, according to eSignal.
Among the provisions included is a “loser pays” requirement, meaning that a patent troll who loses a lawsuit would be required to not only pay damages, but reasonable attorney’s fees as well.
Today, the U.S. Senate Judiciary Committee will hold a markup of the Protecting American Talent and Entrepreneurship (PATENT) Act (S. 1137). It would call for civil penalties to be levied by the Federal Trade Commission in connection with patent assertion entities that engage in widespread demand letter abuse.