Florida Statutes 501.993 – Bad faith assertions of patent infringement
Current as of: 2023 | Check for updates
|
Other versions
A person may not send a demand letter to a target which makes a bad faith assertion of patent infringement. A demand letter makes a bad faith assertion of patent infringement if it:
(1) Includes a claim that the target, or a person affiliated with the target, has infringed a patent and that the target is legally liable for such infringement; and
(2) Meets one or more of the following criteria:
(a) The demand letter falsely asserts that the sender has filed a lawsuit in connection with the claim.
Terms Used In Florida Statutes 501.993
- Demand letter: means a written communication, including e-mail, asserting or claiming that a person has engaged in patent infringement. See Florida Statutes 501.992
- Final judgment: means a judgment, including any supporting opinion, that determines the rights of the parties and concerning which appellate remedies have been exhausted or the time for appeal has expired. See Florida Statutes 501.203
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Order: means a cease and desist order issued by the enforcing authority as set forth in…. See Florida Statutes 501.203
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Target: means a person residing in, incorporated in, or organized under the laws of this state who purchases, rents, leases, or otherwise obtains a product or service in the commercial market which is not for resale in the commercial market. See Florida Statutes 501.992
(b) The demand letter asserts a claim that is objectively baseless due to any of the following:
1. The sender, or a person whom the sender represents, lacks a current right to license the patent to, or enforce the patent against, the target.
2. The patent is invalid or unenforceable pursuant to a final judgment or an administrative order.
3. The infringing activity alleged in the demand letter occurred after the expiration of the patent.
(c) The demand letter is likely to materially mislead a reasonable person because it does not contain sufficient information to inform the target of all of the following:
1. The identity of the person asserting the claim, including the name and address of such person.
2. The patent alleged to have been infringed, including the patent number of such patent.
3. At least one product, service, or technology of the target alleged to infringe the patent, or at least one activity of the target which is alleged to infringe the patent.