An Act Regarding Bad Faith Assertions of Patent Infringement
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 14 MRSA §8701, sub-§7, as enacted by PL 2013, c. 543, §1, is repealed.
SUMMARY
Current law prohibits a person from making a bad faith assertion of patent infringement against another person. A person who does make a bad faith assertion may have to pay remedies awarded by the court, including equitable relief, damages, costs and fees and punitive damages; however, the law exempts persons seeking relief pursuant to 35 United States Code, Section 271(e)(2) or 42 United States Code, Section 262 from the law prohibiting bad faith assertions of patent infringement, which may include businesses such as pharmaceutical companies. This bill removes the exemption.