Patent infringement; assertions made in bad faith, exemptions, penalties. (HB375)

Introduced By

Del. Israel O'Quinn (R-Bristol) with support from 9 copatrons, whose average partisan position is:

Those copatrons are Del. Jeff Campbell (R-Marion), Del. Barbara Comstock (R-McLean), Del. Scott Garrett (R-Lynchburg), Del. Chris Head (R-Roanoke), Del. Terry Kilgore (R-Gate City), Del. Nick Rush (R-Christiansburg), Del. Marcus Simon (D-Falls Church), Del. Ron Villanueva (R-Virginia Beach), Sen. Ben Chafin (R-Lebanon)


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, allegation, or claim 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. The Attorney General or any attorney for the Commonwealth 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, fees, and costs and obtain equitable relief. 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 Passed


01/03/2014Prefiled and ordered printed; offered 01/08/14 14103256D
01/03/2014Referred to Committee for Courts of Justice
01/16/2014Impact statement from DPB (HB375)
01/17/2014Referred from Courts of Justice
01/17/2014Referred to Committee on Commerce and Labor
01/23/2014Impact statement from DPB (HB375)
01/23/2014Reported from Commerce and Labor with substitute (17-Y 4-N) (see vote tally)
01/23/2014Committee substitute printed 14104358D-H1
01/27/2014Read first time
01/28/2014Passed by for the day
01/28/2014Floor substitute printed 14104519D-H2 (O'Quinn)
01/29/2014Passed by temporarily
01/29/2014Read second time
01/29/2014Committee substitute rejected 14104358D-H1
01/29/2014Substitute by Delegate O'Quinn agreed to 14104519D-H2
01/29/2014Engrossed by House - floor substitute HB375H2
01/30/2014Impact statement from DPB (HB375H2)
01/30/2014Read third time and passed House (98-Y 1-N)
01/30/2014VOTE: PASSAGE (98-Y 1-N) (see vote tally)
01/31/2014Constitutional reading dispensed
01/31/2014Referred to Committee on Commerce and Labor
02/24/2014Reported from Commerce and Labor with substitute (16-Y 0-N) (see vote tally)
02/24/2014Committee substitute printed 14105047D-S1
02/26/2014Impact statement from DPB (HB375S1)
02/26/2014Constitutional reading dispensed (38-Y 0-N)
02/27/2014Read third time
02/27/2014Reading of substitute waived
02/27/2014Committee substitute agreed to 14105047D-S1
02/27/2014Engrossed by Senate - committee substitute HB375S1
02/27/2014Passed Senate with substitute (40-Y 0-N)
02/28/2014Placed on Calendar
03/03/2014Senate substitute agreed to by House 14105047D-S1 (93-Y 0-N)
03/03/2014VOTE: ADOPTION (93-Y 0-N) (see vote tally)
03/06/2014Bill text as passed House and Senate (HB375ER)
03/06/2014Signed by Speaker
03/09/2014Signed by President
03/10/2014Signed by President
03/10/2014Impact statement from DPB (HB375ER)
04/04/2014Governor's recommendation received by House
04/22/2014Placed on Calendar
04/23/2014Pending question ordered
04/23/2014House rejected Governor's recommendation (27-Y 70-N)
04/23/2014VOTE: REJECTED (27-Y 70-N)
04/23/2014Communicated to Governor
05/23/2014G Approved by Governor-Chapter 810 (effective 7/1/14)
05/23/2014G Acts of Assembly Chapter text (CHAP0810)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 4 clips in all, totaling 26 minutes.