Patent infringement; assertions made in bad faith, bonding requirement not to exceed $250,000, etc. (HB12)

Introduced By

Del. Bob Marshall (R-Manassas)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Patent infringement; assertions made in bad faith. Prohibits any person from making in bad faith an assertion, claim, or allegation that a resident of the Commonwealth is infringing a patent. The measure creates a cause of action for damages and an injunction against a person threatening to bring legal action for alleged patent infringement. A court that finds that a target of an assertion of patent infringement has established a reasonable likelihood that the person has made the assertion in bad faith shall require the person to post a bond in an amount equal to the target's costs to litigate the claim and amounts reasonably likely to be recovered as damages, not to exceed $250,000. The Attorney General is empowered to issue civil investigative demands, accept assurances of voluntary compliance, and seek injunctions. The target of a bad faith assertion or any other person aggrieved by a violation may bring an action to recover actual damages, attorney fees, and costs. If the violation was willful, damages may be increased to the greater of three times the actual damages sustained or $50,000. Read the Bill »


Bill Has Failed


11/18/2013Prefiled and ordered printed; offered 01/08/14 14100179D
11/18/2013Referred to Committee for Courts of Justice
01/16/2014Impact statement from DPB (HB12)
01/17/2014Referred from Courts of Justice
01/17/2014Referred to Committee on Commerce and Labor
01/23/2014Impact statement from DPB (HB12)
02/12/2014Left in Commerce and Labor