501.997 – Exemptions.
501.997 Exemptions.—This part does not apply to an institution of higher education, to a technology transfer organization owned by or affiliated with an institution of higher education, or to a demand letter or an assertion of patent infringement that includes a claim for relief arising under 35 U.S.C. s. 271(e)(2) or 42 U.S.C. s. 262. History.—s. […]
501.991 – Legislative intent; construction.
501.991 Legislative intent; construction.— (1) The Legislature recognizes that it is preempted from passing any law that conflicts with federal patent law. However, the Legislature recognizes that the state is dedicated to building an entrepreneurial and business-friendly economy where businesses and consumers alike are protected from abuse and fraud. This includes protection from abusive and bad faith […]
501.992 – Definitions.
501.992 Definitions.—As used in this part, the term: (1) “Demand letter” means a written communication, including e-mail, asserting or claiming that a person has engaged in patent infringement. (2) “Institution of higher education” means an educational institution as defined in 20 U.S.C. s. 1001(a). (3) “Target” means a person residing in, incorporated in, or organized under the laws of […]
501.993 – Bad faith assertions of patent infringement.
501.993 Bad faith assertions of patent infringement.—A person may not send a demand letter to a target which makes a bad faith assertion of patent infringement. A demand letter makes a bad faith assertion of patent infringement if it: (1) Includes a claim that the target, or a person affiliated with the target, has infringed a patent […]
501.995 – Private right of action.
501.995 Private right of action.—A person aggrieved by a violation of this part may bring an action in a court of competent jurisdiction. A court may award the following remedies to a prevailing plaintiff in an action brought pursuant to this section: (1) Equitable relief; (2) Actual damages; (3) Costs and fees, including reasonable attorney fees; and (4) Punitive damages […]
501.996 – Enforcement.
501.996 Enforcement.—A violation of this part is an unfair or deceptive trade practice under part II of this chapter. History.—s. 12, ch. 2015-92.