| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 89R15930 BCH-F | |
| 2 | 2 | By: Meyer H.B. No. 5543 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | ||
| 6 | 6 | ||
| 7 | 7 | A BILL TO BE ENTITLED | |
| 8 | 8 | AN ACT | |
| 9 | 9 | relating to creating a private cause of action for bad faith claims | |
| 10 | 10 | of patent infringement. | |
| 11 | 11 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 12 | 12 | SECTION 1. Section 17.955, Business & Commerce Code, is | |
| 13 | 13 | amended to read as follows: | |
| 14 | 14 | Sec. 17.955. [NO] PRIVATE CAUSE OF ACTION: DECEPTIVE TRADE | |
| 15 | 15 | PRACTICE. (a) A [This subchapter does not create a private cause | |
| 16 | 16 | of action for a] violation of Section 17.952 is a deceptive trade | |
| 17 | 17 | practice under Subchapter E and is actionable by an aggrieved end | |
| 18 | 18 | user under that subchapter. | |
| 19 | 19 | (b) Upon motion by an end user and a finding by the court | |
| 20 | 20 | that an end user has established a reasonable likelihood that a | |
| 21 | 21 | person has made a bad faith assertion of patent infringement in | |
| 22 | 22 | violation of this chapter, the court shall require the person to | |
| 23 | 23 | post a bond in an amount equal to a good faith estimate of the end | |
| 24 | 24 | user's fees and costs to litigate the claim. | |
| 25 | 25 | (c) A bond ordered under this section may not exceed | |
| 26 | 26 | $500,000. | |
| 27 | 27 | (d) The court may waive the bond requirement under this | |
| 28 | 28 | section if the court finds that the person has available assets | |
| 29 | 29 | equal to the amount of the proposed bond or for other good cause | |
| 30 | 30 | shown. | |
| 31 | 31 | SECTION 2. This Act takes effect September 1, 2025. |