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