Texas Business & Commerce Code

§ 17.952 — BAD FAITH CLAIM OF PATENT INFRINGEMENT PROHIBITED

BC § 17.952Title 2. COMPETITION AND TRADE PRACTICES · Ch. 17. DECEPTIVE TRADE PRACTICES · Art. L. BAD FAITH CLAIMS OF PATENT INFRINGEMENT

Statute text

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(a)A person may not send to an end user located or doing business in this state a written or electronic communication that is a bad faith claim of patent infringement.

(b)A communication is a bad faith claim of patent infringement if the communication includes a claim that the end user or a person affiliated with the end user has infringed a patent and is liable for that infringement and:

(1)the communication falsely states that the sender has filed a lawsuit in connection with the claim;

(2)the claim is objectively baseless because:

(A)the sender or a person the sender represents does not have a current right to license the patent to or enforce the patent against the end user;

(B)the patent has been held invalid or unenforceable in a final judgment or administrative decision; or

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Legislative history

Added by Acts 2015, 84th Leg., R.S., Ch. 856 (S.B. 1457), Sec. 1, eff. September 1, 2015.