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

Bill Has Passed

History

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01/29/2014Substitute #1 by Senator Stuart withdrawn 14104384D-S1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01/29/2014Amendment #1 by Senator Petersen withdrawn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01/29/2014Amendments #1,#2,#3 by Senator McEachin withdrawn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

Video

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 14 minutes.