New York A00380 prohibits bad faith assertions of patent infringement by those not using the patent in production, development, licensing, or.
New York A00380 amends the general business law to add a new article prohibiting bad faith assertions of patent infringement. A person shall not make such an assertion if they are not engaging, have not engaged, or do not intend to engage in the bona fide use of the patent. A court may consider factors like the demand letter's content and the person's history of enforcing the patent. Recipients of bad faith assertions can bring civil actions for relief, including exemplary damages and attorney's fees.
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