Illinois General Assembly - Full Text of SB3405
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Full Text of SB3405  98th General Assembly

SB3405sam001 98TH GENERAL ASSEMBLY

Sen. Daniel Biss

Filed: 3/17/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3405

2    AMENDMENT NO. ______. Amend Senate Bill 3405 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Consumer Fraud and Deceptive Business
5Practices Act is amended by adding Section 2RRR as follows:
 
6    (815 ILCS 505/2RRR new)
7    Sec. 2RRR. Unfair or deceptive patent infringement demand
8letters.
9    (a) As used in this Section:
10    "Affiliated person" means a person affiliated with the
11intended recipient of a written or electronic communication.
12    "Intended recipient" means a consumer who purchases,
13rents, leases, or otherwise obtains a product or service in the
14commercial market that is, or later becomes, the subject of a
15patent infringement allegation.
16    (b) It is an unlawful practice under this Act for a person,

 

 

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1in connection with the assertion of a United States patent, to
2send or cause any person to send any written, including
3electronic, communication that states that the intended
4recipient or any affiliated person is infringing or has
5infringed a patent and bears liability or owes compensation to
6another person, if:
7        (1) the communication falsely threatens that
8    administrative or judicial relief will be sought if
9    compensation is not paid or the infringement issue is not
10    otherwise resolved;
11        (2) the communication falsely states that litigation
12    has been filed against the intended recipient or any
13    affiliated person;
14        (3) the assertions contained in the communication lack
15    a reasonable basis in fact or law because:
16            (A) the person asserting the patent is not a
17        person, or does not represent a person, with the
18        current right to license the patent to or enforce the
19        patent against the intended recipient or any
20        affiliated person;
21            (B) the communication seeks compensation for a
22        patent that has been held to be invalid or
23        unenforceable in a final, unappealable or unappealed,
24        judicial or administrative decision; or
25            (C) the communication seeks compensation on
26        account of activities undertaken after the patent has

 

 

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1        expired; or
2        (4) the content of the communication fails to include
3    information necessary to inform an intended recipient or
4    any affiliated person about the patent assertion by failing
5    to include the following:
6            (A) the identity of the person asserting a right to
7        license the patent to or enforce the patent against the
8        intended recipient or any affiliated person;
9            (B) the patent issued by the United States Patent
10        and Trademark Office alleged to have been infringed;
11        and
12            (C) the factual allegations concerning the
13        specific areas in which the intended recipient's or
14        affiliated person's products, services, or technology
15        infringed the patent or are covered by the claims in
16        the patent.
17    (c) Nothing in this Section shall be construed to deem it
18an unlawful practice for any person who owns or has the right
19to license or enforce a patent to:
20        (1) advise others of that ownership or right of license
21    or enforcement;
22        (2) communicate to others that the patent is available
23    for license or sale;
24        (3) notify another of the infringement of the patent;
25    or
26        (4) seek compensation on account of past or present

 

 

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1    infringement or for a license to the patent.
 
2    Section 99. Effective date. This Act takes effect January
31, 2015.".