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Kentucky joins other states in curbing patent trolls

updated 03:15 pm EST, Sun February 16, 2014

Bill under consideration spells out bad faith allegations

Oregon isn't the only state that has been moving forward with legislation to curb patent trolls, recently. The Kentucky Senate has moved forward in a bill to put restrictions on patent trolls acting in bad faith in their allegations according to FOSS Patents.

SB 116 introduced by Senator Christian McDaniel (R-District 23) and Senator Whitney Westerfield (R-District 3). It sets out to establish rules for a "bad-faith assertion of patent infringement as a violation of Kentucky's consumer protection chapter." The bill is similar to one Vermont introduced in 2013, and the current bill in Oregon under consideration at the judicial level.

The bill goes into depth in what it considers as "acting in bad faith." It spells out points that the parties involved in the patent infringement allegations can use to either prove or disprove that the entity engaging in the activity is acting in bad faith -- giving those who are actively protecting their properties the channels to act properly, as well as those who are targeted by demand letters looking for money. It would also give the attorney general of the state the ability to consider legal actions against those who send out patent infringement threats that are vague or misleading in order to obtain a licensing agreements or other funding.

by MacNN Staff



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