ATLANTA – The Georgia Senate recently passed House Bill 809, sending it to Governor Deal for consideration. Introduced by State Representative Bruce Williamson (R-Monroe), HB 809 seeks to prevent patent trolling.
“I am thankful to my colleagues for their support of HB 809,” said Rep. Williamson. “As a business owner, this legislation was extremely important to me, and I am glad to see that others see the value in passing this pro-business measure to protect Georgia jobs.”
HB 809 amends the Georgia Fair Business Practices Act to prohibit Patent Assertion Entities, or “patent trolls,” from making bad-faith assertions of patent infringement, essentially giving targeted companies a new tool to fight back against these practices. HB 809 defines the terms associated with filing a bad faith demand letter claiming a patent infringement. It also provides guidance to state superior courts on determining the validity of a bad faith assertion of patent infringement.
“I am proud of Rep. Williamson’s work, particularly this effort, as he continues to find ways to improve the business climate in Georgia,” said House Majority Leader, Larry O’Neal. “This effort will stop bad actors who seek to stifle Georgia businesses, and instead give those who put people to work in this state the chance to succeed and to grow jobs.”
“Patent trolling” is the practice of purchasing patents, often from bankrupt firms, in orders to seek licensing fees under the threat of subsequent litigation. Patent trolls attempt to turn a profit by aggressively pursuing mostly small and medium-sized businesses they claim infringe the acquired patents, knowing these businesses can’t afford expensive litigation costs. Georgia businesses have been the target of so-called “patent trolls” patent infringements claims related to software or business processes used by these companies. While fully protecting the rights of legitimate claims, this bill will help stop extortion schemes which plague Georgia businesses.
For more information on HB 809, please click here.
Representative Bruce Williamson represents the citizens of District 115 in Walton County. He was elected into the House of Representatives in 2010, and currently serves as the Vice Chairman of the Banks & Banking Committee. He also serves on the Governmental Affairs, Insurance, and Ways & Means committees.
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