Patent infringement; assertions made in bad faith, exemptions, penalties. (SB150)
Introduced By
Sen. Richard Stuart (R-Westmoreland) with support from co-patron Sen. Jeff McWaters (R-Virginia Beach)
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 |
---|---|
12/31/2013 | Prefiled and ordered printed; offered 01/08/14 14103115D |
12/31/2013 | Referred to Committee on Commerce and Labor |
01/13/2014 | Reported from Commerce and Labor (14-Y 0-N) (see vote tally) |
01/15/2014 | Constitutional reading dispensed (38-Y 0-N) |
01/16/2014 | Passed by for the day |
01/17/2014 | Passed by for the day |
01/20/2014 | Passed by for the day |
01/21/2014 | Passed by for the day |
01/22/2014 | Passed by for the day |
01/23/2014 | Passed by for the day |
01/23/2014 | Impact statement from DPB (SB150) |
01/24/2014 | Passed by for the day |
01/27/2014 | Passed by for the day |
01/28/2014 | Passed by for the day |
01/29/2014 | Passed by temporarily |
01/29/2014 | Read second time |
01/29/2014 | Floor substitute printed to Web only 14104384D-S1 (Stuart) |
01/29/2014 | Substitute #1 by Senator Stuart withdrawn 14104384D-S1 |
01/29/2014 | Floor substitute printed 14104517D-S2 (Stuart) |
01/29/2014 | Reading of substitute waived |
01/29/2014 | Substitute #2 by Senator Stuart agreed to 14104517D-S2 |
01/29/2014 | Amendment #1 by Senator Petersen withdrawn |
01/29/2014 | Reading of amendment #2 waived |
01/29/2014 | Reading of amendment #3 waived |
01/29/2014 | Amendments #2, #3 by Senator Petersen agreed to |
01/29/2014 | Amendments #1,#2,#3 by Senator McEachin withdrawn |
01/29/2014 | Reading of amendments waived |
01/29/2014 | Amendments #4,#5,#6 by Senator McEachin agreed to |
01/29/2014 | Engrossed by Senate - floor substitute with amendments SB150ES2 |
01/29/2014 | Printed as engrossed 14104517D-ES2 |
01/29/2014 | Engrossed bill reprinted 14104517D-ES2 |
01/30/2014 | Read third time and passed Senate (39-Y 1-N) |
02/03/2014 | Impact statement from DPB (SB150S2) |
02/07/2014 | Placed on Calendar |
02/07/2014 | Read first time |
02/07/2014 | Referred to Committee on Commerce and Labor |
02/25/2014 | Reported from Commerce and Labor with substitute (21-Y 0-N) (see vote tally) |
02/25/2014 | Committee substitute printed 14105083D-H1 |
02/26/2014 | Impact statement from DPB (SB150H1) |
02/27/2014 | Read second time |
02/28/2014 | Read third time |
02/28/2014 | Committee substitute agreed to 14105083D-H1 |
02/28/2014 | Engrossed by House - committee substitute SB150H1 |
02/28/2014 | Passed House with substitute BLOCK VOTE (98-Y 0-N) |
02/28/2014 | VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally) |
03/04/2014 | House substitute agreed to by Senate (40-Y 0-N) |
03/04/2014 | Title replaced 14105083D-H1 |
03/06/2014 | Enrolled |
03/06/2014 | Bill text as passed Senate and House (SB150ER) |
03/06/2014 | Signed by Speaker |
03/09/2014 | Signed by President |
03/10/2014 | Impact statement from DPB (SB150ER) |
04/07/2014 | Governor's recommendation received by Senate |
04/22/2014 | Placed on Calendar |
04/23/2014 | Senate rejected Governor's recommendation (10-Y 29-N) |
04/23/2014 | Reconsideration of Governor's recommendation agreed to (39-Y 0-N) |
04/23/2014 | Senate rejected Governor's recommendation (9-Y 30-N) |
04/23/2014 | Communicated to Governor |
05/23/2014 | G Approved by Governor-Chapter 819 (effective 7/1/14) |
05/23/2014 | G Acts of Assembly Chapter text (CHAP0819) |