Wait...Cherokee Rose? Is that some kind of slur? |
According to a story in the Washington Examiner, the Georgia law is modeled after a similar statute in Vermont.
Key provisions:
- Patent demand letters must include "“factual allegations concerning the specific areas in which the target’s products, services and technology infringe the patent or are covered by the claims in the patent.”
- Prior to sending a demand letter, the patentholder must conduct due diligence that appears to be comparable to that required for filing a complaint asserting patent infringement in Federal Court.
- Creates a cause of action under Georgia's Fair Business Practices Act. Available relief includes "restitution, punitive damages in an amount of $50,000 or three times the combined total of damages, costs and fees, whichever is greater; expenses of litigation, including reasonable attorneys’ fees; and any other relief that a court deems just."
- If a plaintiff convinces a court that there's a "reasonable likelihood" that the patentholder didn't conduct the required "pre-letter investigation," it can require the patentholder to post a bond not to exceed $250,000 to cover the cost of litigation.
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