Section 416.654

Title XXVI TRADE AND COMMERCE

Chapter 416

Effective - 28 Aug 2014   

  416.654.  Cause of action available to targets of bad faith assertions. — If one or more persons or entities believe they have been a target of a bad faith assertion of patent infringement in a demand letter, those persons or entities shall have a private right to a cause of action as follows:

  (1)  An action based on a violation or violations of section 416.652 to enjoin such violation or violations;

  (2)  An action based on a violation or violations of section 416.652 to recover actual monetary loss from such a violation or violations, or to receive ten thousand dollars in damages for each such violation, whichever is greater; and

  (3)  Upon any successful action under this section to recover their attorney's fees.

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(L. 2014 S.B. 706)