Section 446.161 – Short Title.

446.161 Short title. Sec. 1. This act shall be known and may be cited as the “bad-faith patent infringement claims act”. History: 2016, Act 550, Eff. Oct. 1, 2017

Section 446.163 – Definitions.

446.163 Definitions. Sec. 3. As used in this act: (a) “Person” means an individual, partnership, corporation, association, governmental entity, or other legal entity. (b) “Target” means a person that purchases, rents, leases, or otherwise obtains a product or service in the commercial market that is not for resale in the commercial market and that is, […]

Section 446.165 – Unlawful Practice.

446.165 Unlawful practice. Sec. 5. It is an unlawful practice under this act for a person, in connection with the assertion of a United States patent, to send or cause another person to send a written communication, including an electronic communication, that states in bad faith that the target is infringing or has infringed a […]

Section 446.169 – Powers of Attorney General Relating to Unlawful Practice; Action by Target or Affiliated Person Aggrieved by Violation; Remedies to Plaintiff; Bond.

446.169 Powers of attorney general relating to unlawful practice; action by target or affiliated person aggrieved by violation; remedies to plaintiff; bond. Sec. 9. (1) The attorney general may do all of the following related to unlawful practice under this act: (a) Conduct a civil investigation as provided in section 9a. (b) Enter into an […]

Section 446.169a – Ex Parte Application and Hearing; Subpoena; Confidentiality of Documents, Things, or Other Information Obtained by Attorney General; Disclosure of Confidential Information as Misdemeanor; Conduct Subject to Civil Fine; Enforcement; Violation of Final Order as Civil Contempt.

446.169a Ex parte application and hearing; subpoena; confidentiality of documents, things, or other information obtained by attorney general; disclosure of confidential information as misdemeanor; conduct subject to civil fine; enforcement; violation of final order as civil contempt. Sec. 9a. (1) On the ex parte application of the attorney general to the circuit court in the […]

Section 446.169b – Assurance of Discontinuance.

446.169b Assurance of discontinuance. Sec. 9b. (1) If the attorney general has authority to institute an action under section 9c, the attorney general may accept an assurance of discontinuance of a practice that is alleged to be unlawful under section 5 from the person that is alleged to have engaged, be engaging, or be about […]

Section 446.169c – Temporary or Permanent Injunction; Action by Attorney General; Notice; Award of Investigation and Enforcement Costs; Civil Fine; Violation of Terms of Injunction or Judgment; Enjoining Person From Doing Business in State.

446.169c Temporary or permanent injunction; action by attorney general; notice; award of investigation and enforcement costs; civil fine; violation of terms of injunction or judgment; enjoining person from doing business in state. Sec. 9c. (1) If the attorney general has probable cause to believe that a person has engaged, is engaging, or is about to […]

Section 446.171 – Scope of Act.

446.171 Scope of act. Sec. 11. (1) Subject to section 5, this act does not make it an unlawful practice for a person that owns or has the right to license or enforce a patent to do any of the following: (a) Advise others of that ownership or right of license or enforcement. (b) Communicate […]

Section 446.173 – Effective Date.

446.173 Effective date. Sec. 13. This act takes effect October 1, 2017. History: 2016, Act 550, Eff. Oct. 1, 2017