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S.F. No. 1321 - Bad Faith Assertions of Patent Infringement (first engrossment)
Author: Senator Kari Dziedzic
Prepared By: Christopher B. Stang, Senate Counsel (651/296-0539)
Date: March 23, 2016


This bill allows the attorney general to pursue a civil action in court against an individual or business who has made a bad faith claim against someone for infringement on a patent.

Section 1, subdivision 1 provides a definition for the term “end user” as a person who obtains a product, service, or technology which later becomes the subject of a patent infringement assertion due to the person’s use of the product.

Subdivision 2 Prohibits a person from sending communication to someone claiming that person has infringed on a patent when:

  • the sender has falsely stated that they have filed a lawsuit;
  • the sender is not the person who has the rights to license or enforce the patent;
  • the patent has been invalidated or deemed unenforceable in a final judgment or administrative decision;
  • the patent has expired; or
  • the communication is likely to mislead a reasonable person for specified reasons.

Subdivision 3 allows the attorney general to bring a civil action for specified remedies against a person they believe has violated this section.

Subdivision 4 provides that this bill:

  • does not limit any rights or remedies available to the state or any person under other laws related to patent infringement; or
  • does not prohibit a person with a patent from notifying others of the person’s patent right or infringement as provided by the federal patent law or seeking compensation for past or present infringement.

This section also provides a list of exemptions to the scope of the bill for communications by specified parties.

Subdivision 5 prohibits private rights of action under this bill.

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