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Targeting Rogue and Opaque Letters Act of 2018
Legislative Progress
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vs 7,393 other HR bills in the 115th — cohort avg 50d
Targeting Rogue and Opaque Letters Act of 2018 This bill makes sending bad faith patent demand letters an unfair or deceptive act in violation of the Federal Trade Commission Act. A patent demand letter is a written communication claiming that the recipient may be liable for patent infringement. "Bad faith" means making knowingly false or misleading statements, making claims with reckless disregard for the truth, or omitting information with the intent to deceive. Bad faith representations under the bill include false or misleading claims about the sender's right to assert the patent, whether lawsuits have been filed against the recipient or others, and whether others have purchased a license to exercise the patent. It is also bad faith to make written demands for compensation for invalid patents, or to demand compensation without identifying the ultimate parent entity of the letter sender. The sender has an affirmative defense that it acted in good faith, by proving its misstatements or omissions were unintentional and it made an error in spite of procedures to avoid such errors. The bill preempts state laws relating to patent assertion communications. The Federal Trade Commission and state attorneys general can bring actions to enforce these provisions.
These links require the bill number to appear in the filing's source-reported specific issue text. Client expenses and lobbying-firm income are separate disclosure fields.
Filing registrants (2)
2018 · fourth_quarter · Copyright/Patent/Trademark
S. 1390/H.R. 5340 (STRONGER Patents Act) Trade-related intellectual property policy/practices/encroachment by foreign countries/companies against U.S. interests - North American Free Trade Agreement/United States-Mexico-Canada Agreement negotiation of IP chapter, Committee on Investment in the United States enhancement, International Trade Commission exclusion of U.S. patent-infringing imports Bayh-Dole Act/IP rights in technology transfer H.R. 6264 (Restoring Americas Leadership in Innovation Act) Procedural and evidentiary standards, including claim construction, used at Patent Trial and Appeal Board H.R. 3945 (Copyright Alternative in Small-Claims Enforcement (CASE) Act) H.R. 6370 (Targeting Rogue and Opaque Letters (TROL) Act) H.R. 6557 (Inventor Protection Act)
Referred to the House Committee on Energy and Commerce.
Introduced in House
Congress.gov source codes: 1000, Intro-H
Bills with similar content found using semantic analysis.
Sources: Congress.gov
Client expense: Not reported · Firm income: Not reported
Government targets: Centers For Medicare and Medicaid Services (CMS), Environmental Protection Agency (EPA), Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, Intl Trade Administration (ITA), Patent & Trademark Office (PTO), SENATE
2018 · fourth_quarter · Copyright/Patent/Trademark
S. 1390/H.R. 5340 (STRONGER Patents Act) Trade-related intellectual property policy/practices/encroachment by foreign countries/companies against U.S. interests - North American Free Trade Agreement/United States-Mexico-Canada Agreement negotiation of IP chapter, Committee on Investment in the United States enhancement, International Trade Commission exclusion of U.S. patent-infringing imports Bayh-Dole Act/IP rights in technology transfer H.R. 6264 (Restoring Americas Leadership in Innovation Act) Procedural and evidentiary standards, including claim construction, used at Patent Trial and Appeal Board H.R. 3945 (Copyright Alternative in Small-Claims Enforcement (CASE) Act) H.R. 6370 (Targeting Rogue and Opaque Letters (TROL) Act) H.R. 6557 (Inventor Protection Act)
Client expense: Not reported · Firm income: Not reported
Government targets: Centers For Medicare and Medicaid Services (CMS), Environmental Protection Agency (EPA), Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, Intl Trade Administration (ITA), Patent & Trademark Office (PTO), SENATE
2018 · third_quarter · Labor Issues/Antitrust/Workplace
National Labor Relations Board and Joint Employer Standards, Stronger Patents Act of 2018 (H.R. 5340) and the Targeting Rogue and Opaque Letters (TROL) Act (H.R. 6370).
Client expense: $800,000 · Firm income: Not reported
Government targets: Commerce, Dept of (DOC), Executive Office of the President (EOP), Federal Trade Commission (FTC), HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), Natl Economic Council (NEC), Office of Management & Budget (OMB), Office of the Vice President of the United States, SENATE, State, Dept of (DOS), Transportation, Dept of (DOT)
2018 · third_quarter · Copyright/Patent/Trademark
S. 1390/H.R. 5340 (STRONGER Patents Act) Trade-related intellectual property policy/practices/encroachment by foreign countries/companies against U.S. interests - North American Free Trade Agreement renegotiation of IP chapter, Committee on Investment in the United States enhancement Bayh-Dole Act/IP rights in technology transfer H.R. 6264 (Restoring Americas Leadership in Innovation Act) Procedural and evidentiary standards, including claim construction, used at Patent Trial and Appeal Board H.R. 3945 (Copyright Alternative in Small-Claims Enforcement (CASE) Act) H.R. 6370 (Targeting Rogue and Opaque Letters (TROL) Act) H.R. 6557 (Inventor Protection Act)
Client expense: Not reported · Firm income: $10,000
Government targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, Patent & Trademark Office (PTO), SENATE