Patent trolls beware!
The state of Illinois enacted a measure this week making it illegal to demand a royalty payment from a company if the complainant doesn’t hold or represent the patent holder itself, or if the patent that is the subject of the demand has been invalidated in a court proceeding or has expired. Also, now illegal is the use of any written communication, including an email, to falsely accuse someone of infringing a patent with the intent of forcing a settlement.
The state legislator who sponsored the measure stated that it will help companies that “aren’t in a position to hire pricey legal representation and embark on lengthy court battles against harassing fraudsters.” BTW, that state legislator is a mathematician, not a lawyer.
About ERIC WACHSPRESS
The material on this website is for informational purposes only. It should not be considered legal advice and is not intended to create an attorney-client relationship. If you have questions regarding any material presented herein, we recommend that you consult an attorney. This web site and information presented herein were designed in accordance with Illinois law. Any content in conflict with the laws or ethical code of attorney conduct of any other jurisdiction is unintentional and void.
I am a Chicago attorney practicing in the areas of trademark, copyright and information technology law as well as general corporate law. Formerly a trademark examining attorney with the United States Patent and Trademark Office, I have been in private practice since 1987 representing clients in a wide variety of industries, including the consumer products, financial services, information technology and entertainment industries. You can contact me at markscounsel@gmail.com, by phone at 773.934.5855 or by mail at 417 S. Jefferson St., #304, Chicago, IL 60607 USA
Patent trolls beware!