Relating to claims of patent infringement; providing civil penalties; imposing fees.
Impact
If enacted, HB3176 is expected to strengthen protections for Texas residents against aggressive patent infringement claims that lack a reasonable basis. The bill mandates that patent holders who send 10 or more demand letters per year must register with the Secretary of State and pay a registration fee. Additionally, the Attorney General is granted authority to create databases that track these demand letters and the entities involved, facilitating better enforcement against those who violate the new regulations. This oversight intends to deter entities from sending frivolous claims, thus potentially reducing the incidence of patent trolling in Texas.
Summary
House Bill 3176 addresses issues related to patent infringement claims, aiming to regulate the sending of demand letters that allege such infringements against Texas residents. The bill sets forth definitions for terms such as 'demand letter' and 'bad faith,' notably establishing that claims of patent infringement made in bad faith are prohibited. A key component of the bill is the introduction of civil penalties for violations, and it empowers the Texas Attorney General to take legal action against those sending bad faith claims. The bill seeks to protect Texas residents from unscrupulous patent holders who may leverage the threat of litigation to extort payment unjustly.
Contention
There may be contention surrounding the enforcement of these provisions, particularly with how 'bad faith' is defined and the potential implications for legitimate patent holders. Critics may argue that the requirements placed on patent holders, like registration and transparency, could inhibit legitimate legal actions needed to protect intellectual property. Hence, safeguarding genuine patent claims while penalizing wrongful practices remains a balancing act that legislators will need to manage as they implement HB3176. The potential financial burden on smaller entities and the implications for innovation in various sectors will likely be subjects of debate.
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.