Relating to claims of patent infringement; providing civil penalties; imposing fees.
Impact
The bill enables the Texas Attorney General to enforce these regulations by taking action against individuals or entities that violate the provisions. If a violation is found, the Attorney General can seek civil penalties that can go up to $50,000 for each violation, as well as order the reimbursement of legal, professional, and technical expenses incurred by the targets of such claims. This provides a legal recourse for businesses and individuals who may be targeted by aggressive patent assertion entities.
Summary
SB1187 introduces significant changes to the Texas Business & Commerce Code regarding claims of patent infringement. This legislation aims to regulate the process by which entities can claim patent infringement against Texas residents, particularly by addressing the practice of sending demand letters. Under the new provisions, individuals or companies are prohibited from sending demand letters that make bad faith claims of patent infringement. A 'bad faith' claim is defined as one that is objectively baseless, meaning no reasonable litigant could expect success on the merits.
Contention
Notably, SB1187 establishes a registration requirement for businesses that send a significant number of demand letters (ten or more within a year). These entities must register with the Secretary of State and disclose various pertinent details, including the names of their executive officers and any significant investors. This provision aims to create transparency but could raise concerns among businesses regarding the additional bureaucratic burden. Critics of the bill might argue that while it protects entities from frivolous claims, it could also stifle legitimate patent enforcement efforts.
Relating to the regulation of sports wagering; requiring occupational permits; authorizing fees; imposing a tax; decriminalizing wagering on certain sports events; creating criminal offenses; providing administrative penalties.
Relating to the regulation of sports wagering; requiring occupational permits; authorizing fees; imposing a tax; decriminalizing wagering on certain sports events; creating criminal offenses; providing administrative penalties.
Relating to the regulation of money services businesses; creating a criminal offense; creating administrative penalties; authorizing the imposition of a fee.
Relating to the authorization, licensing, and regulation of casino gaming and sports wagering in this state, to the creation, powers, and duties of the Texas Gaming Commission, to the support of the horse racing industry and reform of horse racing and greyhound racing, and to other provisions related to gambling; imposing and authorizing administrative and civil penalties; imposing taxes; imposing and authorizing fees; requiring occupational licenses; creating criminal offenses.
Relating to state and municipal motor fuel taxes; providing civil penalties; creating criminal offenses; requiring occupational licenses; authorizing the imposition of taxes; providing for increases and decreases in the rates of taxes.
Relating to the creation of a regulatory sandbox program administered by the attorney general for certain financial products and services; authorizing a fee.
Relating to the operation of casino gaming in this state by licensed persons in certain areas of this state to provide additional money for residual windstorm insurance coverage in the coastal areas; requiring occupational licenses or certifications; authorizing fees; imposing a tax; creating criminal offenses and providing other penalties.
Relating to the operation of casino gaming in certain state coastal areas to provide additional money for property tax relief; requiring occupational licenses and certifications; authorizing fees; imposing a tax; creating criminal offenses and providing other penalties.
Relating to the authorization and regulation of social gaming establishments and the duties of the Texas Department of Licensing and Regulation; providing civil and administrative penalties; authorizing a fee; requiring an occupational license.
Relating to the operation of casino gaming in certain state coastal areas to provide additional money for residual windstorm insurance coverage and catastrophic flooding assistance in the coastal areas; requiring occupational licenses and certifications; authorizing fees; imposing a tax; creating criminal offenses and providing other penalties.
Relating to the operation of casino gaming in certain coastal areas of this state by licensed persons to provide additional money for residual windstorm insurance coverage and catastrophic flooding assistance in the coastal areas; requiring occupational licenses or certifications; authorizing fees; imposing a tax; creating criminal offenses and providing other penalties.