2015 Senate Bill 289 / 2016 Public Act 550

Authorize sanctions for bad faith patent infringement claim

Introduced in the Senate

April 22, 2015

Introduced by Sen. Margaret O’Brien (R-20)

To authorize damages for the target of a patent infringement claim that is made in bad faith. Actual damages plus "exemplary" damages of triple the actual loss would be authorized, plus costs. If the target demonstrates a “reasonable likelihood” that the claim is made in bad faith then the court could order the claim seeker to post a bond equal to the target’s likely legal expenses.

Referred to the Committee on Judiciary

July 1, 2015

Reported without amendment

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

June 9, 2016

Passed in the Senate 37 to 0 (details)

Received in the House

June 9, 2016

Referred to the Committee on Judiciary

Dec. 8, 2016

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Dec. 15, 2016

Passed in the House 107 to 0 (details)

To authorize damages for the target of a patent infringement claim that is made in bad faith. Actual damages plus "exemplary" damages of triple the actual loss would be authorized, plus costs. If the target demonstrates a “reasonable likelihood” that the claim is made in bad faith then the court could order the claim seeker to post a bond equal to the target’s likely legal expenses.

Received in the Senate

Dec. 15, 2016

Passed in the Senate 37 to 0 (details)

To concur with the House-passed version of the bill.

Signed by Gov. Rick Snyder

Dec. 31, 2016