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| Public Act 098-1119 | ||||
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Consumer Fraud and Deceptive Business | ||||
Practices Act is amended by adding Section 2RRR as follows: | ||||
(815 ILCS 505/2RRR new) | ||||
Sec. 2RRR. Unfair or deceptive patent infringement demand | ||||
letters. | ||||
(a) As used in this Section: | ||||
"Affiliated person" means a person affiliated with the | ||||
intended recipient of a written or electronic communication. | ||||
"Intended recipient" means a person who purchases, rents, | ||||
leases, or otherwise obtains a product or service in the | ||||
commercial market that is not for resale in the commercial | ||||
market and that is, or later becomes, the subject of a patent | ||||
infringement allegation. | ||||
(b) It is an unlawful practice under this Act for a person, | ||||
in connection with the assertion of a United States patent, to | ||||
send or cause any person to send any written, including | ||||
electronic, communication that states that the intended | ||||
recipient or any affiliated person is infringing or has | ||||
infringed a patent and bears liability or owes compensation to | ||||
another person, if: | ||||
(1) the communication falsely threatens that | ||
administrative or judicial relief will be sought if | ||
compensation is not paid or the infringement issue is not | ||
otherwise resolved; | ||
(2) the communication falsely states that litigation | ||
has been filed against the intended recipient or any | ||
affiliated person; | ||
(3) the assertions contained in the communication lack | ||
a reasonable basis in fact or law because: | ||
(A) the person asserting the patent is not a | ||
person, or does not represent a person, with the | ||
current right to license the patent to or enforce the | ||
patent against the intended recipient or any | ||
affiliated person; | ||
(B) the communication seeks compensation for a | ||
patent that has been held to be invalid or | ||
unenforceable in a final, unappealable or unappealed, | ||
judicial or administrative decision; or | ||
(C) the communication seeks compensation on | ||
account of activities undertaken after the patent has | ||
expired; or | ||
(4) the content of the communication fails to include | ||
information necessary to inform an intended recipient or | ||
any affiliated person about the patent assertion by failing | ||
to include the following: | ||
(A) the identity of the person asserting a right to | ||
license the patent to or enforce the patent against the | ||
intended recipient or any affiliated person; | ||
(B) the patent issued by the United States Patent | ||
and Trademark Office alleged to have been infringed; | ||
and | ||
(C) the factual allegations concerning the | ||
specific areas in which the intended recipient's or | ||
affiliated person's products, services, or technology | ||
infringed the patent or are covered by the claims in | ||
the patent. | ||
(c) Nothing in this Section shall be construed to deem it | ||
an unlawful practice for any
person who owns or has the right | ||
to license or enforce a patent to: | ||
(1) advise others of that ownership or right of license | ||
or enforcement; | ||
(2) communicate to others that the patent is available | ||
for license or sale; | ||
(3) notify another of the infringement of the patent; | ||
or | ||
(4) seek compensation on account of past or present | ||
infringement or for a license
to the patent.
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Section 99. Effective date. This Act takes effect January | ||
1, 2015.
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