OR SB1540 | 2014 | Regular Session
Status
Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on March 10 2014 - 100% progression
Action: 2014-03-10 - Effective date, March 3, 2014.
Text: Latest bill text (Enrolled) [PDF]
Spectrum: Bipartisan Bill
Status: Passed on March 10 2014 - 100% progression
Action: 2014-03-10 - Effective date, March 3, 2014.
Text: Latest bill text (Enrolled) [PDF]
Summary
Prohibits person or person's affiliate from communicating demand to recipient if in demand person or affiliate alleges, asserts or claims in bad faith that recipient has infringed or contributed to infringing patent or rights that patentee, assignee or licensee has under patent. Permits prosecuting attorney to make finding as to whether person or affiliate has acted in bad faith and to serve investigative demand or take enforcement action against person for engaging in unlawful practice under Unlawful Trade Practices Act. Specifies conditions prosecuting attorney may consider in making finding. Requires prosecuting attorney to communicate finding to recipient within 10 days after making finding. Provides recipient with private right of action against person only after prosecuting attorney has found that person acted in bad faith. Permits prosecuting attorney who receives accusation against person from recipient to serve investigative demand or take enforcement action against person for engaging in unlawful practice under Unlawful Trade Practices Act. Provides recipient with private right of action against person under Unlawful Trade Practices Act. Specifies criteria court may consider in finding that person acted in bad faith or in good faith. Becomes operative 91 days after effective date of Act. Declares emergency, effective on passage.
Title
Relating to bad-faith assertions of patent infringement; and declaring an emergency.
Sponsors
Roll Calls
2014-02-24 - House - House Third Reading (Y: 59 N: 0 NV: 0 Abs: 1) [PASS]
2014-02-20 - House - House Committee Do Pass (Y: 9 N: 0 NV: 0 Abs: 0) [PASS]
2014-02-14 - Senate - Senate Third Reading (Y: 30 N: 0 NV: 0 Abs: 0) [PASS]
2014-02-12 - Senate - Senate Committee Do pass with amendments. (Printed A-Eng.) (Y: 5 N: 0 NV: 0 Abs: 0) [PASS]
2014-02-20 - House - House Committee Do Pass (Y: 9 N: 0 NV: 0 Abs: 0) [PASS]
2014-02-14 - Senate - Senate Third Reading (Y: 30 N: 0 NV: 0 Abs: 0) [PASS]
2014-02-12 - Senate - Senate Committee Do pass with amendments. (Printed A-Eng.) (Y: 5 N: 0 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2014-03-10 | Senate | Effective date, March 3, 2014. |
| 2014-03-10 | Senate | Chapter 19, 2014 Laws. |
| 2014-03-03 | Senate | Governor signed. |
| 2014-02-26 | House | Speaker signed. |
| 2014-02-25 | Senate | President signed. |
| 2014-02-24 | House | Third reading. Carried by Williamson. Passed.Ayes, 59; Excused, 1--Hicks. |
| 2014-02-21 | House | Second reading. |
| 2014-02-20 | House | Recommendation: Do pass. |
| 2014-02-20 | House | Public Hearing and Work Session held. |
| 2014-02-14 | House | Referred to Judiciary. |
| 2014-02-14 | House | First reading. Referred to Speaker's desk. |
| 2014-02-14 | Senate | Rules suspended. Third reading. Carried by Winters. Passed.Ayes, 30. |
| 2014-02-14 | Senate | Second reading. |
| 2014-02-13 | Senate | Recommendation: Do pass with amendments. (Printed A-Eng.) |
| 2014-02-12 | Senate | Public Hearing and Work Session held. |
| 2014-02-03 | Senate | Referred to Judiciary. |
| 2014-02-03 | Senate | Introduction and first reading. Referred to President's desk. |
